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 assessment framed u/s.143(3) as void for want of jurisdiction, holding that no valid transfer order u/s.127 had been passed to transfer the proceeding from the original AO to the assessing AO and that the assessing AO had not issued notice u/s.143(2). The Tribunal allowed the assessee's appeal, finding the assessment quashed ab initio for lack of the mandatory s.127 transfer prerequisite and consequent absence of proper notice, and relied on controlling appellate precedent permitting challenge to jurisdictional defects that go to the root of the matter. The impugned assessment is therefore quashed and the appeal is allowed.
The ITAT set aside the assessment framed u/s.143(3) as void for want of jurisdiction, holding that no valid transfer order u/s.127 had been passed to transfer the proceeding from the original AO to the assessing AO and that the assessing AO had not issued notice u/s.143(2). The Tribunal allowed the assessee's appeal, finding the assessment quashed ab initio for lack of the mandatory s.127 transfer prerequisite and consequent absence of proper notice, and relied on controlling appellate precedent permitting challenge to jurisdictional defects that go to the root of the matter. The impugned assessment is therefore quashed and the appeal is allowed.
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