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 Appellate Tribunal considered the issue of reopening assessment u/s 147 regarding unexplained cash credit u/s 68. It was held that the Assessing Officer must have a live nexus between the information possessed and the belief formed. The reasons provided by the AO only mentioned the nature of information and listed 13 companies without proper analysis. The AO did not inquire about the nature of these companies or how the money reached the assessee. The Tribunal found that the AO did not apply his mind and relied on information without proper examination, leading to the quashing of the assessment reopening. The appeal of the assessee was allowed.
The Appellate Tribunal considered the issue of reopening assessment u/s 147 regarding unexplained cash credit u/s 68. It was held that the Assessing Officer must have a live nexus between the information possessed and the belief formed. The reasons provided by the AO only mentioned the nature of information and listed 13 companies without proper analysis. The AO did not inquire about the nature of these companies or how the money reached the assessee. The Tribunal found that the AO did not apply his mind and relied on information without proper examination, leading to the quashing of the assessment reopening. The appeal of the assessee was allowed.
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