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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Validity of assessment order passed u/s 153C - Third Member Order - addition u/s 69A r.w.s. 115BBE - cash deposited in various bank accounts post demonetization - search and seizure operation carried out in case of Third Party - The tribunal concluded that the assessment order under section 143(3) read with section 153C was invalid. This conclusion was primarily based on the procedural impropriety in the issuance of the assessment order without proper compliance with the prerequisites outlined in section 153C, notably the recording of satisfaction. - Regarding the Cash Deposit, the tribunal underscored the importance of drawing statutory presumptions against the entity in whose name the deposits were made, rather than the assessee, in the absence of incontrovertible proof to the contrary.
Validity of assessment order passed u/s 153C - Third Member Order - addition u/s 69A r.w.s. 115BBE - cash deposited in various bank accounts post demonetization - search and seizure operation carried out in case of Third Party - The tribunal concluded that the assessment order under section 143(3) read with section 153C was invalid. This conclusion was primarily based on the procedural impropriety in the issuance of the assessment order without proper compliance with the prerequisites outlined in section 153C, notably the recording of satisfaction. - Regarding the Cash Deposit, the tribunal underscored the importance of drawing statutory presumptions against the entity in whose name the deposits were made, rather than the assessee, in the absence of incontrovertible proof to the contrary.
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