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 held that the assessment completed by the AO under section 144, exercising best judgment due to inadequate compliance by the assessee, cannot be deemed erroneous or prejudicial to the revenue's interest. The AO's discretion under section 144 is absolute and not subject to revision merely because the PCIT disagrees with the profit estimation or considers the enquiry inadequate. The tribunal found the invocation of revision powers under section 263 unjustified as the AO had appropriately exercised statutory authority after considering all relevant material. Consequently, the revision order passed by the PCIT was set aside, and the appeal filed by the assessee was allowed, affirming the validity of the assessment order completed under section 144.
The ITAT held that the assessment completed by the AO under section 144, exercising best judgment due to inadequate compliance by the assessee, cannot be deemed erroneous or prejudicial to the revenue's interest. The AO's discretion under section 144 is absolute and not subject to revision merely because the PCIT disagrees with the profit estimation or considers the enquiry inadequate. The tribunal found the invocation of revision powers under section 263 unjustified as the AO had appropriately exercised statutory authority after considering all relevant material. Consequently, the revision order passed by the PCIT was set aside, and the appeal filed by the assessee was allowed, affirming the validity of the assessment order completed under section 144.
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