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 approval granted under section 153D was invalid as the Approving Authority failed to independently examine the assessment records or seized materials before granting consolidated approval. The approval was based solely on the draft assessment order without any application of mind, rendering it a mechanical and perfunctory act. Consequently, the approval did not comply with the statutory requirements under section 153D. The tribunal set aside the approval, holding it to be void ab initio, and allowed the assessee's appeal.
The ITAT held that the approval granted under section 153D was invalid as the Approving Authority failed to independently examine the assessment records or seized materials before granting consolidated approval. The approval was based solely on the draft assessment order without any application of mind, rendering it a mechanical and perfunctory act. Consequently, the approval did not comply with the statutory requirements under section 153D. The tribunal set aside the approval, holding it to be void ab initio, and allowed the assessee's appeal.
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