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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LTCG - deduction u/s 54F - as pursuant to the JDA, assessee had received multiple residential units and not a single residential unit - The Tribunal observed that prior to the amendment to section 54F of the Act, various judicial pronouncements had interpreted the term "a residential house" to include multiple residential units. Citing legal principles, the Tribunal highlighted that decisions interpreting statutory provisions form binding precedents. It reiterated that the interpretation of "a residential house" as including multiple units, upheld by various High Courts, including the Karnataka High Court, was binding. - the Tribunal concluded that the assessee is entitled to the benefit of section 54F of the Act for all the units received under the JDA, as the relevant assessment year predates the amendment. Therefore, the appeal filed by the Revenue was dismissed.
LTCG - deduction u/s 54F - as pursuant to the JDA, assessee had received multiple residential units and not a single residential unit - The Tribunal observed that prior to the amendment to section 54F of the Act, various judicial pronouncements had interpreted the term "a residential house" to include multiple residential units. Citing legal principles, the Tribunal highlighted that decisions interpreting statutory provisions form binding precedents. It reiterated that the interpretation of "a residential house" as including multiple units, upheld by various High Courts, including the Karnataka High Court, was binding. - the Tribunal concluded that the assessee is entitled to the benefit of section 54F of the Act for all the units received under the JDA, as the relevant assessment year predates the amendment. Therefore, the appeal filed by the Revenue was dismissed.
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