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 quashed the assessment framed by the AO under section 143(3) as being void ab initio because it was predicated on a notice issued under section 143(2) that did not conform to the CBDT-prescribed format. Relying on relevant precedents, the Tribunal held the defective 143(2) notice-specifying only "computer aided scrutiny selection" without indicating limited or complete scrutiny or mandatory manual review-vitiated the consequent assessment proceedings. The appellate order allows the assessee's additional ground, sets aside the assessment dated 30.12.2019, and directs that any future proceedings comply strictly with statutory and CBDT procedural requirements.
The ITAT quashed the assessment framed by the AO under section 143(3) as being void ab initio because it was predicated on a notice issued under section 143(2) that did not conform to the CBDT-prescribed format. Relying on relevant precedents, the Tribunal held the defective 143(2) notice-specifying only "computer aided scrutiny selection" without indicating limited or complete scrutiny or mandatory manual review-vitiated the consequent assessment proceedings. The appellate order allows the assessee's additional ground, sets aside the assessment dated 30.12.2019, and directs that any future proceedings comply strictly with statutory and CBDT procedural requirements.
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