S. 144C : Reference to dispute resolution panel-Limitation-Order is barred by limitation.[ S.92CA (3A), 143(3) 153]
S. 144C : Reference to dispute resolution panel-Limitation-Order is barred by limitation.[ S.92CA (3A), 143(3) 153]
S. 143(3): Assessment-Return-Refund-Amalgamation-Non-existent entity-Credit for taxes paid-Assessing Officer is bound to give credit of taxes paid under section 199 and allow refund of tax in accordance with law. [ S.139, 139(9) 199, 237]
S. 143(3): Assessment-Final assessment order is passed-Assessing Officer had no powers to either withdraw or modify or substitute assessment order passed under section 143(3) with another assessment order. [ S. 144C]
S. 143(3): Assessment-Limited scrutiny-Unsecured loan-Notice beyond scope of limited scrutiny-CBDT Instruction No. 5/2016, dated 14-7-2016-Assessment is bad in law. [ S. 36(1)(iii), 37(1), 68, 119]
S. 143(3): Assessment-Document Identification Number (DIN)-Assessment order without obtaining Document Identification Number (DIN) is invalid-No jurisdiction-Order passed without issuing the notice u/s 143(2)-Order is quashed.[ S.143(2), 144, 147]
S. 142(2A) : Inquiry before assessment-Special audit-Additional ground is admitted-Order is barred by limitation.[ S. 153B, 254(1)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Purchase of shares from Associated Enterprise-DCF method-Adjustment is deleted-Transactions under taken by the promoters / share holders of the company-Sale of shares using CUP method-Gap of three months-Matter remanded to the TPO.[ R. 10B(5)]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Transaction Net Margin Method (TNMM)-Tested party-Loan to Associated enterprise-Adjustment of interest-Matter remanded to the file of the Assessing Officer for de novo adjudication after granting due opportunity of being heard.
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Sale of electricity from its Power Plant unit to its manufacturing unit-Per unit electricity sold to non-eligible unit at Rs. 6.90 per unit was market value, assessee is justified in adopting ALP of electricity supply to its AEs at rate charged by Gujarat Electricity Board (GEB). [ 80IA(8),92F(ii)]
S. 92BA : Transfer pricing-Specified domestic transaction-Arm’s length price-Avoidance of tax-Omitted with effect from Ist April 2017-No saving clause-Order is bad in law.