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 HC held that denial of the mandatory video conference personal hearing under the Faceless Assessment provisions u/s 144B constitutes a violation of natural justice. Despite the petitioner's failure to initially respond, the department was obligated to send physical communication to the last known address. In this case, the petitioner explicitly requested a video conference hearing, which was not granted, thereby breaching the Standard Operating Procedure (SOP). Consequently, the impugned Assessment Order and demand notice dated 19.03.2025 are quashed and set aside. The matter is remanded to the National Faceless Assessment Authority for compliance with the SOP and issuance of a fresh order in accordance with proper procedural safeguards.
The HC held that denial of the mandatory video conference personal hearing under the Faceless Assessment provisions u/s 144B constitutes a violation of natural justice. Despite the petitioner's failure to initially respond, the department was obligated to send physical communication to the last known address. In this case, the petitioner explicitly requested a video conference hearing, which was not granted, thereby breaching the Standard Operating Procedure (SOP). Consequently, the impugned Assessment Order and demand notice dated 19.03.2025 are quashed and set aside. The matter is remanded to the National Faceless Assessment Authority for compliance with the SOP and issuance of a fresh order in accordance with proper procedural safeguards.
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