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 assessee failed to claim the Minimum Alternate Tax (MAT) credit in the original income tax return and did not file a revised return. The Assessing Officer (AO) did not set off the tax liability computed under normal provisions against the available MAT credit brought forward and disallowed carry forward of the balance MAT credit u/s 115JAA. The Tribunal held that as per Section 115JAA, there is no condition restricting allowance of MAT credit if it was not carried forward in the return. Since the total income was determined after appeal effect, the available MAT credit was eligible for set-off against tax payable under normal provisions, and the balance could be carried forward u/s 115JAA. The AO's action of not allowing set-off and carry forward of MAT credit was unjustified. The Tribunal set aside the CIT(A)'s order and directed the AO to allow set-off of tax liability with available MAT credit and carry forward the balance MAT credit after verification.
The assessee failed to claim the Minimum Alternate Tax (MAT) credit in the original income tax return and did not file a revised return. The Assessing Officer (AO) did not set off the tax liability computed under normal provisions against the available MAT credit brought forward and disallowed carry forward of the balance MAT credit u/s 115JAA. The Tribunal held that as per Section 115JAA, there is no condition restricting allowance of MAT credit if it was not carried forward in the return. Since the total income was determined after appeal effect, the available MAT credit was eligible for set-off against tax payable under normal provisions, and the balance could be carried forward u/s 115JAA. The AO's action of not allowing set-off and carry forward of MAT credit was unjustified. The Tribunal set aside the CIT(A)'s order and directed the AO to allow set-off of tax liability with available MAT credit and carry forward the balance MAT credit after verification.
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