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 reassessment order is void ab initio and quashed it in toto. The Tribunal found the impugned order unsigned, rendering it legally ineffective; proceedings were instituted and concluded against a struck-off/defunct company that had ceased to exist; and the addition related to an assessment year unconnected to the subject transaction. These defects, individually sufficient to vitiate the assessment, cumulatively established that the reassessment was a legal nullity. The erstwhile director's age and health-related difficulties in assembling records did not justify sustaining proceedings fundamentally flawed in form and jurisdiction. Consequentially, the reassessment and resultant additions were set aside.
The ITAT held that the reassessment order is void ab initio and quashed it in toto. The Tribunal found the impugned order unsigned, rendering it legally ineffective; proceedings were instituted and concluded against a struck-off/defunct company that had ceased to exist; and the addition related to an assessment year unconnected to the subject transaction. These defects, individually sufficient to vitiate the assessment, cumulatively established that the reassessment was a legal nullity. The erstwhile director's age and health-related difficulties in assembling records did not justify sustaining proceedings fundamentally flawed in form and jurisdiction. Consequentially, the reassessment and resultant additions were set aside.
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