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 assessee's appeal and quashed the revisional order passed u/s 263. It was held that the AO had conducted adequate enquiry regarding the purchase and sale of listed shares, including verification of banking records, demat statements, broker confirmations, and STT-paid transactions. The assessee was found to be a regular investor, and the source of funds and genuineness of the transactions were duly established. Since no discrepancy or falsity in the evidence was alleged or proved, the assessment order could not be termed "erroneous and prejudicial to the interests of the Revenue" merely because the PCIT held a different view. Consequently, the addition contemplated u/s 68 did not survive.
ITAT allowed the assessee's appeal and quashed the revisional order passed u/s 263. It was held that the AO had conducted adequate enquiry regarding the purchase and sale of listed shares, including verification of banking records, demat statements, broker confirmations, and STT-paid transactions. The assessee was found to be a regular investor, and the source of funds and genuineness of the transactions were duly established. Since no discrepancy or falsity in the evidence was alleged or proved, the assessment order could not be termed "erroneous and prejudicial to the interests of the Revenue" merely because the PCIT held a different view. Consequently, the addition contemplated u/s 68 did not survive.
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