Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Issue was whether CPC could, in an intimation under s.143(1)(a)(ii), treat a belated return as an "incorrect claim" and deny deduction under s.80P for the relevant AY. Although coordinate benches had held that belated filing is not covered by the Explanation to "incorrect claim" and noted that a specific adjustment for such disallowance was introduced only by s.143(1)(a)(v) w.e.f. 01.04.2021, the Tribunal followed the binding precedent of the jurisdictional HC, which had upheld denial of s.80P in s.143(1)(a)(ii) where the return was not filed within s.139(1) due date; hence the intimation was sustained and the appeal was dismissed. - ITAT
Issue was whether CPC could, in an intimation under s.143(1)(a)(ii), treat a belated return as an "incorrect claim" and deny deduction under s.80P for the relevant AY. Although coordinate benches had held that belated filing is not covered by the Explanation to "incorrect claim" and noted that a specific adjustment for such disallowance was introduced only by s.143(1)(a)(v) w.e.f. 01.04.2021, the Tribunal followed the binding precedent of the jurisdictional HC, which had upheld denial of s.80P in s.143(1)(a)(ii) where the return was not filed within s.139(1) due date; hence the intimation was sustained and the appeal was dismissed. - ITAT
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