Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Whether the revision under s.263 validly set aside the reassessment hinges on two issues: (1) whether s.40(a)(i) as applied led to discriminatory treatment contrary to Article 26(3) DTAA; the Tribunal held that 100% disallowance for non-resident payments versus 30% for residents constitutes less favorable treatment and thus breaches the non-discrimination clause, rendering full disallowance impermissible - outcome: 100% disallowance is discriminatory. (2) whether the AO's order was erroneous and prejudicial to revenue; because the AO applied a 30% disallowance consistent with the DTAA principle, the revisional jurisdiction under s.263 was not properly invoked - outcome: s.263 action set aside in favour of the assessee. - ITAT
Whether the revision under s.263 validly set aside the reassessment hinges on two issues: (1) whether s.40(a)(i) as applied led to discriminatory treatment contrary to Article 26(3) DTAA; the Tribunal held that 100% disallowance for non-resident payments versus 30% for residents constitutes less favorable treatment and thus breaches the non-discrimination clause, rendering full disallowance impermissible - outcome: 100% disallowance is discriminatory. (2) whether the AO's order was erroneous and prejudicial to revenue; because the AO applied a 30% disallowance consistent with the DTAA principle, the revisional jurisdiction under s.263 was not properly invoked - outcome: s.263 action set aside in favour of the assessee. - ITAT
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