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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ITAT held that for AY 2018-19 the appellate authority (CIT(A)) lacked power under s.251(1) to set aside the assessment to the AO for de novo computation because the proviso empowering such reference took effect from 01.10.2024; accordingly the CIT(A)'s direction to verify expenditure and remit computation to the AO was unauthorized and was quashed, with instruction that CIT(A) exercise only statutory powers to confirm, reduce, enhance or annul the assessment. On claim of parity between ss.12A and 10(23C), ITAT concluded no legislative intent to extend the proviso's benefit to s.10(23C); consequently the CIT(A)'s disallowance of s.10(23C) relief for AY 2018-19 was upheld and the assessee's cross-objection dismissed.
ITAT held that for AY 2018-19 the appellate authority (CIT(A)) lacked power under s.251(1) to set aside the assessment to the AO for de novo computation because the proviso empowering such reference took effect from 01.10.2024; accordingly the CIT(A)'s direction to verify expenditure and remit computation to the AO was unauthorized and was quashed, with instruction that CIT(A) exercise only statutory powers to confirm, reduce, enhance or annul the assessment. On claim of parity between ss.12A and 10(23C), ITAT concluded no legislative intent to extend the proviso's benefit to s.10(23C); consequently the CIT(A)'s disallowance of s.10(23C) relief for AY 2018-19 was upheld and the assessee's cross-objection dismissed.
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