Marketing support and subcontracted client contracts: no agency permanent establishment under Article 5 DTAA; arm's-length pricing bars profit attribu...
Transfer pricing comparables selection and working capital adjustment u/r 10B(1)(e)(iii), remanded for recomputation with rejected comparables include...
Revision under s.263 was held unsustainable where the revisional authority assumed jurisdiction on limited show-cause grounds but finally set aside the assessment on additional issues (ICDS/AS-7 compliance, refund verification, stock reconciliation, and purchases from non-filers) without issuing any notice on those new grounds; such expansion beyond the show-cause violates jurisdictional limits, vitiating the revision. On the original show-cause issues, the record showed adequate enquiry on creditor ageing and no demonstrated revenue prejudice, and post-assessment survey material could not retroactively render the completed assessment erroneous. Non-disallowance of delayed employees' PF/ESI contributions was not treated as an error in light of then-prevailing HC law when the assessment was framed. The s.263 order was quashed and the appeal allowed - ITAT
Revision under s.263 was held unsustainable where the revisional authority assumed jurisdiction on limited show-cause grounds but finally set aside the assessment on additional issues (ICDS/AS-7 compliance, refund verification, stock reconciliation, and purchases from non-filers) without issuing any notice on those new grounds; such expansion beyond the show-cause violates jurisdictional limits, vitiating the revision. On the original show-cause issues, the record showed adequate enquiry on creditor ageing and no demonstrated revenue prejudice, and post-assessment survey material could not retroactively render the completed assessment erroneous. Non-disallowance of delayed employees' PF/ESI contributions was not treated as an error in light of then-prevailing HC law when the assessment was framed. The s.263 order was quashed and the appeal allowed - ITAT
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