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 order passed u/s. 147 against deceased assessee - Citing Section 159(2) of the Act and judicial precedents, the Tribunal emphasized that no order can be passed against a dead person, and proceedings should continue against the legal representative. - The Appellate Tribunal (ITAT) noted that despite notification of the death of the assessee to the AO and the submission of relevant documents, the assessment was framed without impleading the legal heir. - Consequently, the ITAT declared the assessment order null and remanded the matter to the AO for proper assessment after notifying the legal representative of the deceased assessee.
Validity of order passed u/s. 147 against deceased assessee - Citing Section 159(2) of the Act and judicial precedents, the Tribunal emphasized that no order can be passed against a dead person, and proceedings should continue against the legal representative. - The Appellate Tribunal (ITAT) noted that despite notification of the death of the assessee to the AO and the submission of relevant documents, the assessment was framed without impleading the legal heir. - Consequently, the ITAT declared the assessment order null and remanded the matter to the AO for proper assessment after notifying the legal representative of the deceased assessee.
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