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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Valuation of the shares offered for subscription - Determination of fair market value - Applicability of u/s 56(2)(viib) read along with Rule 11UA - Adoption of the Net Asset Value (NAV) method over the Discounted Cash Flow (DCF) method - The court underscored that the option of selecting a valuation method for shares is unequivocally vested with the assessee. It was highlighted that the AO, while possessing the authority to question the veracity of a valuation report, is not empowered to independently adopt a different valuation methodology from that chosen by the assessee. - Conclusively, the High Court allowed the appeal, setting aside the ITAT's order and remitting the matter back to the AO for a fresh valuation exercise strictly adhering to the DCF method, albeit with liberty to appoint an independent valuer.
Valuation of the shares offered for subscription - Determination of fair market value - Applicability of u/s 56(2)(viib) read along with Rule 11UA - Adoption of the Net Asset Value (NAV) method over the Discounted Cash Flow (DCF) method - The court underscored that the option of selecting a valuation method for shares is unequivocally vested with the assessee. It was highlighted that the AO, while possessing the authority to question the veracity of a valuation report, is not empowered to independently adopt a different valuation methodology from that chosen by the assessee. - Conclusively, the High Court allowed the appeal, setting aside the ITAT's order and remitting the matter back to the AO for a fresh valuation exercise strictly adhering to the DCF method, albeit with liberty to appoint an independent valuer.
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