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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Assessment u/s 153C - Additions made by revenue based on search findings in group cases of M/s SRS mining and its partners - The Tribunal noted that the AO of the assessee received the satisfaction note from the AO of the searched person. Based on the precedent set by the Supreme Court, it was determined that the assessment for AY 2015-16 was without jurisdiction as it fell outside the allowable period for assessment under section 153C. Consequently, the assessment for AY 2015-16 was quashed. - The Tribunal found that the additions were based solely on the incriminating material and the statement of an individual, which was later retracted. It was held that the material in question did not directly implicate the assessee, nor was there any corroborative evidence to support the addition. Therefore, the additions made for AYs 2016-17 and 2017-18 were deemed unsustainable, leading to their deletion.
Assessment u/s 153C - Additions made by revenue based on search findings in group cases of M/s SRS mining and its partners - The Tribunal noted that the AO of the assessee received the satisfaction note from the AO of the searched person. Based on the precedent set by the Supreme Court, it was determined that the assessment for AY 2015-16 was without jurisdiction as it fell outside the allowable period for assessment under section 153C. Consequently, the assessment for AY 2015-16 was quashed. - The Tribunal found that the additions were based solely on the incriminating material and the statement of an individual, which was later retracted. It was held that the material in question did not directly implicate the assessee, nor was there any corroborative evidence to support the addition. Therefore, the additions made for AYs 2016-17 and 2017-18 were deemed unsustainable, leading to their deletion.
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