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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Penalty levied u/s 271B - not getting accounts Audited within the due date specified u/s 44AB - It was established that the appellant did not maintain the books of accounts within the due date specified u/s 139(1) of the Act, which rendered the question of getting them audited u/s 44AB irrelevant. The Tribunal referred to judgments of various High Courts, including the Guwahati High Court and the Allahabad High Court, which held that if the books of accounts were not maintained at all, the provisions of section 44AB of the Act do not get violated, and hence penalty u/s 271B would not apply.
Penalty levied u/s 271B - not getting accounts Audited within the due date specified u/s 44AB - It was established that the appellant did not maintain the books of accounts within the due date specified u/s 139(1) of the Act, which rendered the question of getting them audited u/s 44AB irrelevant. The Tribunal referred to judgments of various High Courts, including the Guwahati High Court and the Allahabad High Court, which held that if the books of accounts were not maintained at all, the provisions of section 44AB of the Act do not get violated, and hence penalty u/s 271B would not apply.
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