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 appeals and quashed the assessments framed u/s 153A r.w.s. 144/143(3) for AYs 2013-14 and 2014-15. It held that the assessments were invalid due to lack of a legally sustainable approval u/s 153D, granted mechanically and without application of mind, and were vitiated by serious violation of principles of natural justice, including denial of effective opportunity and completion of assessment within two days of return filing. For AY 2014-15, the assessment was additionally held bad in law for non-issuance of notice u/s 143(2) after transfer of jurisdiction. Additions were not examined on merits.
ITAT allowed the assessee's appeals and quashed the assessments framed u/s 153A r.w.s. 144/143(3) for AYs 2013-14 and 2014-15. It held that the assessments were invalid due to lack of a legally sustainable approval u/s 153D, granted mechanically and without application of mind, and were vitiated by serious violation of principles of natural justice, including denial of effective opportunity and completion of assessment within two days of return filing. For AY 2014-15, the assessment was additionally held bad in law for non-issuance of notice u/s 143(2) after transfer of jurisdiction. Additions were not examined on merits.
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