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, holding the reassessment proceedings invalid. It found that, pursuant to the CBDT Notification dated 29.03.2022 framing the E-Assessment of Income Assessment Scheme, 2022, issuance of notice under s.148 must be through automated allocation and in a faceless manner by the designated faceless authority, not by the jurisdictional assessing officer. As the impugned notice under s.148, dated 28.03.2024, was issued by the local JAO and not by NFAC, it was held contrary to the Scheme and ultra vires. Consequently, the s.147 proceedings and ensuing assessment stood vitiated and were quashed.
ITAT allowed the assessee's appeal, holding the reassessment proceedings invalid. It found that, pursuant to the CBDT Notification dated 29.03.2022 framing the E-Assessment of Income Assessment Scheme, 2022, issuance of notice under s.148 must be through automated allocation and in a faceless manner by the designated faceless authority, not by the jurisdictional assessing officer. As the impugned notice under s.148, dated 28.03.2024, was issued by the local JAO and not by NFAC, it was held contrary to the Scheme and ultra vires. Consequently, the s.147 proceedings and ensuing assessment stood vitiated and were quashed.
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