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 quashed and set aside the impugned order passed u/s 148A(d) and the consequential notice u/s 148, holding that initiation of reassessment proceedings was vitiated by breach of natural justice because the adverse Verification Report relied upon was not furnished to the petitioner prior to issuance of the notice u/s 148A(b). The court remanded the matter to the respondent authority to proceed afresh from the stage of issuance of notice u/s 148A(b), directing the respondent to supply the Verification Report to the petitioner within a reasonable time and permitting the petitioner to file a fresh reply. The prior actions of the department are set aside as invalid for non-supply of material relied upon.
HC quashed and set aside the impugned order passed u/s 148A(d) and the consequential notice u/s 148, holding that initiation of reassessment proceedings was vitiated by breach of natural justice because the adverse Verification Report relied upon was not furnished to the petitioner prior to issuance of the notice u/s 148A(b). The court remanded the matter to the respondent authority to proceed afresh from the stage of issuance of notice u/s 148A(b), directing the respondent to supply the Verification Report to the petitioner within a reasonable time and permitting the petitioner to file a fresh reply. The prior actions of the department are set aside as invalid for non-supply of material relied upon.
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