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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The final assessment order was invalid because the Assessing Officer passed it without first serving the draft assessment order, thereby denying the assessee the statutory opportunity to object before the Dispute Resolution Panel under Section 144C. The Court distinguished Sumitomo Corporation India Pvt. Ltd., noting that a draft order had in fact been prepared, so the proceedings were not to be quashed in entirety. Instead, the final assessment order and consequential penalty notice were set aside, the assessee was directed to be served with the draft order, and the statutory objection process was restored, with the intervening period excluded from limitation.
The final assessment order was invalid because the Assessing Officer passed it without first serving the draft assessment order, thereby denying the assessee the statutory opportunity to object before the Dispute Resolution Panel under Section 144C. The Court distinguished Sumitomo Corporation India Pvt. Ltd., noting that a draft order had in fact been prepared, so the proceedings were not to be quashed in entirety. Instead, the final assessment order and consequential penalty notice were set aside, the assessee was directed to be served with the draft order, and the statutory objection process was restored, with the intervening period excluded from limitation.
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