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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HC affirmed the Tribunal's decision and dismissed the appeal, holding that penal proceedings under section 271(1)(c) could not be sustained where the Assessing Officer and first appellate authority failed to furnish adverse materials and afford adequate opportunity to the assessee. The court accepted that documents obtained from the Sales Tax Department were provided to the assessee and that the Tribunal correctly found the A.O.'s approach to be legally untenable and prejudicial. Emphasizing principles of fairness and natural justice in penalty proceedings, HC declined to interfere with the Tribunal's reasoning and concluded the impugned order raised no substantial question of law, thereby upholding the relief granted to the assessee.
HC affirmed the Tribunal's decision and dismissed the appeal, holding that penal proceedings under section 271(1)(c) could not be sustained where the Assessing Officer and first appellate authority failed to furnish adverse materials and afford adequate opportunity to the assessee. The court accepted that documents obtained from the Sales Tax Department were provided to the assessee and that the Tribunal correctly found the A.O.'s approach to be legally untenable and prejudicial. Emphasizing principles of fairness and natural justice in penalty proceedings, HC declined to interfere with the Tribunal's reasoning and concluded the impugned order raised no substantial question of law, thereby upholding the relief granted to the assessee.
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