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 assessee's appeal, holding the scrutiny assessment void ab initio due to an invalid notice under s.143(2) of the Income-tax Act. The notice, issued pursuant to computer-aided scrutiny selection, did not specify whether the case was taken up for limited scrutiny, complete scrutiny, or compulsory manual scrutiny, contrary to binding CBDT instructions. ITAT held that revenue authorities are mandatorily required to adhere to such instructions and that non-compliance vitiates the jurisdiction assumed by the Assessing Officer. Consequently, the impugned notice under s.143(2) and all consequential assessment proceedings were declared invalid, and the matter was decided in favour of the assessee.
ITAT allowed assessee's appeal, holding the scrutiny assessment void ab initio due to an invalid notice under s.143(2) of the Income-tax Act. The notice, issued pursuant to computer-aided scrutiny selection, did not specify whether the case was taken up for limited scrutiny, complete scrutiny, or compulsory manual scrutiny, contrary to binding CBDT instructions. ITAT held that revenue authorities are mandatorily required to adhere to such instructions and that non-compliance vitiates the jurisdiction assumed by the Assessing Officer. Consequently, the impugned notice under s.143(2) and all consequential assessment proceedings were declared invalid, and the matter was decided in favour of the assessee.
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