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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The ITAT reversed the lower authorities' imposition of penalties under sections 271(1)(c) and 271B of the Income-tax Act. It held that confirmation of quantum additions in assessment proceedings does not mandate automatic levy of penalty, as penalty proceedings require independent adjudication with a distinct burden of proof. The tribunal found no specific finding of concealment of income in the penalty orders, rendering the penalty under section 271(1)(c) unsustainable. Regarding penalty under section 271B for failure to audit accounts, the tribunal accepted the assessee's reasonable cause, noting its registration under section 12A and denial of exemption benefits, thereby justifying non-compliance with section 44AB. Consequently, all penalties were directed to be deleted, and the appeals of the assessee were allowed.
The ITAT reversed the lower authorities' imposition of penalties under sections 271(1)(c) and 271B of the Income-tax Act. It held that confirmation of quantum additions in assessment proceedings does not mandate automatic levy of penalty, as penalty proceedings require independent adjudication with a distinct burden of proof. The tribunal found no specific finding of concealment of income in the penalty orders, rendering the penalty under section 271(1)(c) unsustainable. Regarding penalty under section 271B for failure to audit accounts, the tribunal accepted the assessee's reasonable cause, noting its registration under section 12A and denial of exemption benefits, thereby justifying non-compliance with section 44AB. Consequently, all penalties were directed to be deleted, and the appeals of the assessee were allowed.
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