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 quashed proceedings initiated under Section 153C read with Section 143(3) due to invalid approval under Section 153D. The Tribunal held that approval must be obtained separately for each assessment year and cannot be a common approval covering multiple years. Following the precedent in PCIT Central vs. Appellant, ITAT ruled that conjoint reading of Section 153A(1) and Section 153D mandates assessment officer obtain specific approval for each assessment year's draft assessment order before passing final orders under Section 153A. The mechanical approval covering all years collectively was deemed insufficient, requiring separate approvals respecting individual assessment years within the six-year period, thereby invalidating the entire assessment proceedings for lack of proper statutory compliance.
ITAT quashed proceedings initiated under Section 153C read with Section 143(3) due to invalid approval under Section 153D. The Tribunal held that approval must be obtained separately for each assessment year and cannot be a common approval covering multiple years. Following the precedent in PCIT Central vs. Appellant, ITAT ruled that conjoint reading of Section 153A(1) and Section 153D mandates assessment officer obtain specific approval for each assessment year's draft assessment order before passing final orders under Section 153A. The mechanical approval covering all years collectively was deemed insufficient, requiring separate approvals respecting individual assessment years within the six-year period, thereby invalidating the entire assessment proceedings for lack of proper statutory compliance.
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