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 set aside the penalty order under s.271(1)(c) r.w.s.274 insofar as it was founded on a defective show-cause notice that failed to specify the precise charge-whether concealment of particulars of income or furnishing inaccurate particulars-thereby depriving the assessee of the ability to frame an effective defence. The Tribunal found the notice to be a standard, mechanistic document issued without application of mind, and held that penalty imposition in such circumstances is invalid. Consequently the penalty levied was quashed and the appeal allowed in favour of the assessee.
The ITAT set aside the penalty order under s.271(1)(c) r.w.s.274 insofar as it was founded on a defective show-cause notice that failed to specify the precise charge-whether concealment of particulars of income or furnishing inaccurate particulars-thereby depriving the assessee of the ability to frame an effective defence. The Tribunal found the notice to be a standard, mechanistic document issued without application of mind, and held that penalty imposition in such circumstances is invalid. Consequently the penalty levied was quashed and the appeal allowed in favour of the assessee.
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