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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Addition u/s 56(2)(viib) - Method of valuation of shares - closely held company issues its shares at a premium - The tribunal sided with the assessee, affirming the FMV as per the Discounted Cash Flow (DCF) method. It held that when the law provides for a valuation method and the assessee chooses one of the prescribed methods, the AO cannot disregard the assessee's valuation without substantial grounds. The tribunal referenced multiple judgments supporting the assessee's right to choose between the Net Asset Value (NAV) method and the DCF method for valuation.
Addition u/s 56(2)(viib) - Method of valuation of shares - closely held company issues its shares at a premium - The tribunal sided with the assessee, affirming the FMV as per the Discounted Cash Flow (DCF) method. It held that when the law provides for a valuation method and the assessee chooses one of the prescribed methods, the AO cannot disregard the assessee's valuation without substantial grounds. The tribunal referenced multiple judgments supporting the assessee's right to choose between the Net Asset Value (NAV) method and the DCF method for valuation.
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