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 the assessment orders dated 29.12.2017 are barred by limitation and void ab initio. The Department failed to discharge the burden of proving dispatch within the statutory period under s.153B, producing only a speed post slip dated 01.01.2018 and no dispatch register entries or postal booking receipts. Service effected via a notice server on 09.01.2018 to an unrelated third party was held irregular and not a valid service in law, contrary to s.282 and Rule 127 of the Income-tax Rules. In consequence, the impugned assessment orders were invalidly issued/served and the appeals of the assessee were allowed.
ITAT held that the assessment orders dated 29.12.2017 are barred by limitation and void ab initio. The Department failed to discharge the burden of proving dispatch within the statutory period under s.153B, producing only a speed post slip dated 01.01.2018 and no dispatch register entries or postal booking receipts. Service effected via a notice server on 09.01.2018 to an unrelated third party was held irregular and not a valid service in law, contrary to s.282 and Rule 127 of the Income-tax Rules. In consequence, the impugned assessment orders were invalidly issued/served and the appeals of the assessee were allowed.
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