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 provisions of Section 56(2)(vii)(b) read with Section 50C cannot be invoked as the difference between the Fair Market Value (FMV) determined by the District Valuation Officer (DVO) and the stated purchase consideration is 5.32%, which is less than 10% of the stated sale consideration. In light of the proviso to Section 56(2)(vii)(b) read with the third proviso to Section 50C, which has been held applicable retrospectively with effect from 01/04/2003, if the difference between the stated consideration and the stamp duty valuation is less than 10% of the stated consideration, Section 50C will not be applicable. Since the difference is admittedly less than 10% in this case, Section 50C will have no application, and the assessee's appeal is allowed.
The provisions of Section 56(2)(vii)(b) read with Section 50C cannot be invoked as the difference between the Fair Market Value (FMV) determined by the District Valuation Officer (DVO) and the stated purchase consideration is 5.32%, which is less than 10% of the stated sale consideration. In light of the proviso to Section 56(2)(vii)(b) read with the third proviso to Section 50C, which has been held applicable retrospectively with effect from 01/04/2003, if the difference between the stated consideration and the stamp duty valuation is less than 10% of the stated consideration, Section 50C will not be applicable. Since the difference is admittedly less than 10% in this case, Section 50C will have no application, and the assessee's appeal is allowed.
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