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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Notices issued by Joint Assessing Officer (JAO) instead of Faceless Assessment Officer (FAO) are invalid and bad-in-law u/s 151A of the Income Tax Act, 1961. The Revenue is not in compliance with the Scheme notified by the Central Government pursuant to Section 151A(2) of the Act, which governs the conduct of proceedings u/ss 148A and 148. As held by the Division Bench in Hexaware Technologies Limited case, the non-compliance with Section 151A vitiates the proceedings initiated u/s 148 of the Act, rendering them unsustainable.
Notices issued by Joint Assessing Officer (JAO) instead of Faceless Assessment Officer (FAO) are invalid and bad-in-law u/s 151A of the Income Tax Act, 1961. The Revenue is not in compliance with the Scheme notified by the Central Government pursuant to Section 151A(2) of the Act, which governs the conduct of proceedings u/ss 148A and 148. As held by the Division Bench in Hexaware Technologies Limited case, the non-compliance with Section 151A vitiates the proceedings initiated u/s 148 of the Act, rendering them unsustainable.
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