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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Section 144C(13) imposes an imperative one month deadline to complete assessments in conformity with Dispute Resolution Panel directions; failure to pass a final order within that period renders the assessing authority functus officio and deprives it of jurisdiction, so a draft assessment order and any notice of demand issued with it do not create an enforceable tax liability. Internal technical or administrative glitches cannot extend the statutory limitation or validate a defective process. Consequently the demand and penalty notices for the relevant year lacked legal foundation, the return is to be treated as accepted, and any adjusted refund must be returned with interest while enforcement is restrained.
Section 144C(13) imposes an imperative one month deadline to complete assessments in conformity with Dispute Resolution Panel directions; failure to pass a final order within that period renders the assessing authority functus officio and deprives it of jurisdiction, so a draft assessment order and any notice of demand issued with it do not create an enforceable tax liability. Internal technical or administrative glitches cannot extend the statutory limitation or validate a defective process. Consequently the demand and penalty notices for the relevant year lacked legal foundation, the return is to be treated as accepted, and any adjusted refund must be returned with interest while enforcement is restrained.
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