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 validity of assessment u/s 153A regarding the inclusion of incriminating documents seized during a search. Referring to the Kabul Chawla case, it was held that assessments u/s 153A can only be altered based on incriminating material found during the search. The Supreme Court in the Meeta Gutgutia case upheld the Delhi High Court's decision, emphasizing the need for incriminating material to justify assessment changes. As the AO did not cite any seized incriminating documents during the search, and no additions were based on such material, the completed assessments were upheld. Citing the Abhisar Buildwell case, the Tribunal affirmed that without evidence linking additions to seized material, the revenue's case lacked merit. Consequently, the appeal by the assessee was allowed.
The Appellate Tribunal considered the validity of assessment u/s 153A regarding the inclusion of incriminating documents seized during a search. Referring to the Kabul Chawla case, it was held that assessments u/s 153A can only be altered based on incriminating material found during the search. The Supreme Court in the Meeta Gutgutia case upheld the Delhi High Court's decision, emphasizing the need for incriminating material to justify assessment changes. As the AO did not cite any seized incriminating documents during the search, and no additions were based on such material, the completed assessments were upheld. Citing the Abhisar Buildwell case, the Tribunal affirmed that without evidence linking additions to seized material, the revenue's case lacked merit. Consequently, the appeal by the assessee was allowed.
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