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 allowed the appeal, holding that the assessment framed u/s 143(3) by the ITO, Ward-3(4), Gurgaon is void for want of the mandatory notice u/s 143(2). The Tribunal found that the original 143(2) notice was issued by a non-jurisdictional ITO and, following PAN-based jurisdictional transfer, the jurisdictional ITO did not issue a fresh 143(2) notice before passing the 143(3) order which made additions. Reliance on applicable precedents led the ITAT to conclude the assessment cannot be sustained; consequently the impugned assessment order and the CIT(A)'s confirmation were set aside and the assessee's additional grounds were allowed.
ITAT allowed the appeal, holding that the assessment framed u/s 143(3) by the ITO, Ward-3(4), Gurgaon is void for want of the mandatory notice u/s 143(2). The Tribunal found that the original 143(2) notice was issued by a non-jurisdictional ITO and, following PAN-based jurisdictional transfer, the jurisdictional ITO did not issue a fresh 143(2) notice before passing the 143(3) order which made additions. Reliance on applicable precedents led the ITAT to conclude the assessment cannot be sustained; consequently the impugned assessment order and the CIT(A)'s confirmation were set aside and the assessee's additional grounds were allowed.
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