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 Assessing Officer (AO) improperly reopened the assessment without valid reasons. The AO's belief of income escapement was based merely on reappreciation of existing financial information about share trading, which was already on record. No new tangible evidence demonstrated that the Long Term Capital Gain was bogus. Since the original assessment limitation period had expired, the AO was precluded from revisiting and changing the original assessment. The tribunal found the reopening procedurally invalid, determining that the AO's observations were speculative and did not constitute legitimate "reasons to believe" income had escaped assessment. Consequently, the reassessment was declared legally unsustainable and decided in favor of the assessee.
ITAT held that the Assessing Officer (AO) improperly reopened the assessment without valid reasons. The AO's belief of income escapement was based merely on reappreciation of existing financial information about share trading, which was already on record. No new tangible evidence demonstrated that the Long Term Capital Gain was bogus. Since the original assessment limitation period had expired, the AO was precluded from revisiting and changing the original assessment. The tribunal found the reopening procedurally invalid, determining that the AO's observations were speculative and did not constitute legitimate "reasons to believe" income had escaped assessment. Consequently, the reassessment was declared legally unsustainable and decided in favor of the assessee.
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