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...
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
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