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 court held that action against directors cannot be directly taken u/s 179, and where the company's name is struck off, action can still be taken against the company as per law. The impugned order adding one-third of the credited amount as directors' income was set aside. The revenue can take appropriate action against the company. Regarding the gift received from an NRI grandson, it was held that the amount cannot be treated as income from unexplained sources u/s 69A, as section 56 was not invoked. The amount added in the grandson's hands cannot be added again in the assessee's hands, as it would lead to double addition. If treated as income u/s 68, the assessee must prove identity, genuineness, and capacity, which is satisfied as the source is the grandson's bank account. The addition u/ss 68 and 69A was directed to be deleted in favor of the assessee.
The court held that action against directors cannot be directly taken u/s 179, and where the company's name is struck off, action can still be taken against the company as per law. The impugned order adding one-third of the credited amount as directors' income was set aside. The revenue can take appropriate action against the company. Regarding the gift received from an NRI grandson, it was held that the amount cannot be treated as income from unexplained sources u/s 69A, as section 56 was not invoked. The amount added in the grandson's hands cannot be added again in the assessee's hands, as it would lead to double addition. If treated as income u/s 68, the assessee must prove identity, genuineness, and capacity, which is satisfied as the source is the grandson's bank account. The addition u/ss 68 and 69A was directed to be deleted in favor of the assessee.
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