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 Income Tax Appellate Tribunal held that the refund granted to the assessee should be first adjusted against the correct amount of interest due, and the remaining portion should be adjusted against the balance tax. This principle should be applied while granting refunds, similar to the principle applied while collecting tax u/s 140A(1). The Tribunal observed that there is no specific provision u/s 244A regarding the adjustment of refunds for computing interest payable to the assessee. However, it would be just and fair to apply the same principle as in tax collection. Relying on consistent decisions of coordinate Benches, the Tribunal directed the Assessing Officer to compute the interest u/s 244A as claimed by the assessee in the detailed working, by first adjusting the interest component and then the taxes. The assessee's appeal was allowed.
The Income Tax Appellate Tribunal held that the refund granted to the assessee should be first adjusted against the correct amount of interest due, and the remaining portion should be adjusted against the balance tax. This principle should be applied while granting refunds, similar to the principle applied while collecting tax u/s 140A(1). The Tribunal observed that there is no specific provision u/s 244A regarding the adjustment of refunds for computing interest payable to the assessee. However, it would be just and fair to apply the same principle as in tax collection. Relying on consistent decisions of coordinate Benches, the Tribunal directed the Assessing Officer to compute the interest u/s 244A as claimed by the assessee in the detailed working, by first adjusting the interest component and then the taxes. The assessee's appeal was allowed.
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