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...
Denial of TDS credit arising from a Form 26AS mismatch was challenged; ITAT found documentary evidence that the Karta of an HUF and an HUF member had not claimed the TDS credit in their respective returns and that lower authorities failed to appreciate this. On that basis the Tribunal restored the matter to the file of the assessing officer for de novo adjudication to examine whether the TDS credit was unclaimed by each return-filer, and allowed the appeal for statistical purposes directing fresh consideration in accordance with law.
Denial of TDS credit arising from a Form 26AS mismatch was challenged; ITAT found documentary evidence that the Karta of an HUF and an HUF member had not claimed the TDS credit in their respective returns and that lower authorities failed to appreciate this. On that basis the Tribunal restored the matter to the file of the assessing officer for de novo adjudication to examine whether the TDS credit was unclaimed by each return-filer, and allowed the appeal for statistical purposes directing fresh consideration in accordance with law.
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