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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Disallowance of interest and financial expenses was not justified as the appellant paid interest and financial expenses to State Bank of India, Overseas Branch, Parliament Street, New Delhi, which was evident from the bank statement furnished. The disallowance of depreciation claimed was incorrect as depreciation is an allowance, not an expense, and the audited balance sheet and tax audit report revealed the claim of depreciation certified by the auditor. The AO should have verified the claim from the previous year's records. Depreciation allowed in earlier years on fixed assets should be allowed in the current year, except for additions during the year due to lack of details. The non-allowability of credit for brought forward losses/unabsorbed depreciation was incorrect as the assessee had shown brought forward losses/depreciation in returns filed from year to year, which should be allowed as per the Income Tax Act while calculating tax demand. The appeal of the assessee was allowed.
Disallowance of interest and financial expenses was not justified as the appellant paid interest and financial expenses to State Bank of India, Overseas Branch, Parliament Street, New Delhi, which was evident from the bank statement furnished. The disallowance of depreciation claimed was incorrect as depreciation is an allowance, not an expense, and the audited balance sheet and tax audit report revealed the claim of depreciation certified by the auditor. The AO should have verified the claim from the previous year's records. Depreciation allowed in earlier years on fixed assets should be allowed in the current year, except for additions during the year due to lack of details. The non-allowability of credit for brought forward losses/unabsorbed depreciation was incorrect as the assessee had shown brought forward losses/depreciation in returns filed from year to year, which should be allowed as per the Income Tax Act while calculating tax demand. The appeal of the assessee was allowed.
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