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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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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