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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The ITAT Dehradun held that penalty u/s 271B was not applicable as the assessee failed to upload the Audit Report as required u/s 44AB and did not maintain books of accounts. The assessee argued that penalty u/s 271A should apply instead of u/s 271B. Citing the case of Bisauli Tractor, the tribunal ruled in favor of the assessee, stating that u/s 271B is not applicable when books of account are not maintained, and upheld the appeal, deleting the penalty imposed u/s 271B in all three appeals.
The ITAT Dehradun held that penalty u/s 271B was not applicable as the assessee failed to upload the Audit Report as required u/s 44AB and did not maintain books of accounts. The assessee argued that penalty u/s 271A should apply instead of u/s 271B. Citing the case of Bisauli Tractor, the tribunal ruled in favor of the assessee, stating that u/s 271B is not applicable when books of account are not maintained, and upheld the appeal, deleting the penalty imposed u/s 271B in all three appeals.
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