Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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ITAT held that the revision proceedings under Section 263 were invalid. The PCIT failed to establish both essential conditions: the AO's order being erroneous and prejudicial to revenue interests. The tribunal emphasized that Section 263 cannot be invoked to correct every minor error or merely to generate additional tax revenue. The notice issued under Section 263 was deemed void ab initio, as the proceedings fell outside the scope of recorded reasons. Consequently, the order passed under Section 263 was declared legally unsound, and the assessee's appeal was allowed, effectively nullifying the revisional proceedings.
ITAT held that the revision proceedings under Section 263 were invalid. The PCIT failed to establish both essential conditions: the AO's order being erroneous and prejudicial to revenue interests. The tribunal emphasized that Section 263 cannot be invoked to correct every minor error or merely to generate additional tax revenue. The notice issued under Section 263 was deemed void ab initio, as the proceedings fell outside the scope of recorded reasons. Consequently, the order passed under Section 263 was declared legally unsound, and the assessee's appeal was allowed, effectively nullifying the revisional proceedings.
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