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 a case involving a claim for deduction u/s 54 for LTCG. The claim was initially denied as the new asset was not purchased or constructed within the specified time frames u/s 54. The assessee argued that although the asset was booked earlier, possession was received within the prescribed period. Citing a Bombay High Court case, it was held that the date of possession should be considered the date of actual purchase for claiming exemption u/s 54F. Referring to a similar case, it was reiterated that possession date is crucial. The Tribunal ruled in favor of the assessee, allowing the exemption as possession was obtained within the required timeframe from the agreement to sell the original asset.
The Appellate Tribunal considered a case involving a claim for deduction u/s 54 for LTCG. The claim was initially denied as the new asset was not purchased or constructed within the specified time frames u/s 54. The assessee argued that although the asset was booked earlier, possession was received within the prescribed period. Citing a Bombay High Court case, it was held that the date of possession should be considered the date of actual purchase for claiming exemption u/s 54F. Referring to a similar case, it was reiterated that possession date is crucial. The Tribunal ruled in favor of the assessee, allowing the exemption as possession was obtained within the required timeframe from the agreement to sell the original asset.
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