Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
ITAT allowed the appeal in favour of the assessee and upheld the CIT(A)'s quashing of the penalty under s.271E. The Tribunal held the penalty order was time-barred under s.275(1)(c) since the limitation expired on 31.03.2023 but the penalty was imposed on 28.08.2023. Alternatively, the Tribunal found the transactions did not fall within the prohibitions of ss.269SS/269T and thus did not attract s.271E. The Tribunal also noted absence of requisite satisfaction recorded in the assessment order for initiating penalty proceedings, rendering any levy unsustainable. Consequently, the penalty was cancelled and the revenue's demand set aside.
ITAT allowed the appeal in favour of the assessee and upheld the CIT(A)'s quashing of the penalty under s.271E. The Tribunal held the penalty order was time-barred under s.275(1)(c) since the limitation expired on 31.03.2023 but the penalty was imposed on 28.08.2023. Alternatively, the Tribunal found the transactions did not fall within the prohibitions of ss.269SS/269T and thus did not attract s.271E. The Tribunal also noted absence of requisite satisfaction recorded in the assessment order for initiating penalty proceedings, rendering any levy unsustainable. Consequently, the penalty was cancelled and the revenue's demand set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
