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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Time limit to file application u/s 80G(5) - assessment of trust - The tribunal interpreted the provisions in light of the Budget Speech of the Hon’ble Finance Minister 2020, highlighting the intent behind the introduction of provisional registration to simplify compliance for new and existing charitable institutions. - The tribunal noted that the provisions allowed for provisional approval and subsequent regular registration. It reasoned that the time limit for application, specifically mentioned in clause (iii) of the proviso to Section 80G(5), was applicable to trusts or institutions commencing activities after provisional registration. However, for existing trusts or institutions engaged in charitable activities before provisional registration, the six-month time limit applied from the expiry of provisional registration.
Time limit to file application u/s 80G(5) - assessment of trust - The tribunal interpreted the provisions in light of the Budget Speech of the Hon’ble Finance Minister 2020, highlighting the intent behind the introduction of provisional registration to simplify compliance for new and existing charitable institutions. - The tribunal noted that the provisions allowed for provisional approval and subsequent regular registration. It reasoned that the time limit for application, specifically mentioned in clause (iii) of the proviso to Section 80G(5), was applicable to trusts or institutions commencing activities after provisional registration. However, for existing trusts or institutions engaged in charitable activities before provisional registration, the six-month time limit applied from the expiry of provisional registration.
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