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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The dominant issue was whether an intimation under s.143(1)(a), which made adjustments by disallowing deduction under s.35(1) and denying MAT credit, merged into the subsequent regular assessment under s.143(3), thereby foreclosing consideration of the assessee's rectification application under s.154. The Tribunal held that merger was not attracted because the AO, while completing the s.143(3) assessment, merely adopted the income as per the s.143(1)(a) intimation without adjudicating the assessee's specific grievances raised in the s.154 application. Consequently, the matter was remanded to the first appellate authority to decide the objections afresh, and the appeal was allowed for statistical purposes. - ITAT
The dominant issue was whether an intimation under s.143(1)(a), which made adjustments by disallowing deduction under s.35(1) and denying MAT credit, merged into the subsequent regular assessment under s.143(3), thereby foreclosing consideration of the assessee's rectification application under s.154. The Tribunal held that merger was not attracted because the AO, while completing the s.143(3) assessment, merely adopted the income as per the s.143(1)(a) intimation without adjudicating the assessee's specific grievances raised in the s.154 application. Consequently, the matter was remanded to the first appellate authority to decide the objections afresh, and the appeal was allowed for statistical purposes. - ITAT
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