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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This case deals with the taxability of compensation paid to landowners for land acquisition. The court held that u/s 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), the compensation paid to land-losers is exempted from income tax levy. However, this exemption is not available to those whose lands were acquired under other statutes like the Karnataka Industrial Areas Development Act 1966. The court observed that this creates an apparent hostile discrimination against land-losers under other statutes, as the compensation package under the 2013 Act is more attractive. The court urged the Central Government to address this issue and extend the tax exemption benefit to all land-losers, regardless of the statute under which their land was acquired, to assuage the grievance of land-losing farmers. The appeals were allowed, and the writ petitions of land-losers were dismissed.
This case deals with the taxability of compensation paid to landowners for land acquisition. The court held that u/s 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), the compensation paid to land-losers is exempted from income tax levy. However, this exemption is not available to those whose lands were acquired under other statutes like the Karnataka Industrial Areas Development Act 1966. The court observed that this creates an apparent hostile discrimination against land-losers under other statutes, as the compensation package under the 2013 Act is more attractive. The court urged the Central Government to address this issue and extend the tax exemption benefit to all land-losers, regardless of the statute under which their land was acquired, to assuage the grievance of land-losing farmers. The appeals were allowed, and the writ petitions of land-losers were dismissed.
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