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 HC held that the impugned final assessment order under s.143(3) read with s.144B, the demand notice under s.156 and the penalty notice under s.274 read with s.217AAC for AY 2022-23 were vitiated by a gross violation of natural justice where the respondent afforded the assessee less than three days to file a reply. The court found a breach of the audi alteram partem principle (including the rule against bias) and concluded the petitioner was not heard before passing the assessment. The HC quashed and set aside the impugned orders and allowed the assessee's appeal.
The HC held that the impugned final assessment order under s.143(3) read with s.144B, the demand notice under s.156 and the penalty notice under s.274 read with s.217AAC for AY 2022-23 were vitiated by a gross violation of natural justice where the respondent afforded the assessee less than three days to file a reply. The court found a breach of the audi alteram partem principle (including the rule against bias) and concluded the petitioner was not heard before passing the assessment. The HC quashed and set aside the impugned orders and allowed the assessee's appeal.
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