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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ITAT dismissed assessee's appeal citing low tax effect as per CBDT Circular No.3/2018, giving Revenue liberty to recall dismissal if covered by exceptions. Assessee contended ITAT rightly relied on Circular No.5/2017 and Bombay HC judgment that mere audit objection insufficient for recall. HC allowed Revenue's petition, quashed ITAT order, remanded matter to ITAT to enable Revenue to point out accepted audit objection, holding CBDT circular u/s 268A binding, but clarifying appeal possible if contrary to SC judgments.
ITAT dismissed assessee's appeal citing low tax effect as per CBDT Circular No.3/2018, giving Revenue liberty to recall dismissal if covered by exceptions. Assessee contended ITAT rightly relied on Circular No.5/2017 and Bombay HC judgment that mere audit objection insufficient for recall. HC allowed Revenue's petition, quashed ITAT order, remanded matter to ITAT to enable Revenue to point out accepted audit objection, holding CBDT circular u/s 268A binding, but clarifying appeal possible if contrary to SC judgments.
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