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 claimed TDS credit on salary, but the employer did not reflect the TDS in Form 26AS or provide Form 16. The Assessee contended that even if the employer deducted TDS but did not deposit it, the Assessee is entitled to the TDS credit as it is benevolent. The ITAT held that while the contention seems reasonable, the Assessee must discharge the primary onus by producing relevant documents. The Assessee filed a TDS working initialed by someone, but it lacked proper letterhead, signatory name, and failed to furnish any salary slip or Form 16 reflecting TDS deduction. Unlike a cited case where the Assessee established the case with documents, the Assessee here failed to do so. Considering the lack of relevant documents, the ITAT remanded the case to the Commissioner for fresh decision in the interest of justice.
The Assessee claimed TDS credit on salary, but the employer did not reflect the TDS in Form 26AS or provide Form 16. The Assessee contended that even if the employer deducted TDS but did not deposit it, the Assessee is entitled to the TDS credit as it is benevolent. The ITAT held that while the contention seems reasonable, the Assessee must discharge the primary onus by producing relevant documents. The Assessee filed a TDS working initialed by someone, but it lacked proper letterhead, signatory name, and failed to furnish any salary slip or Form 16 reflecting TDS deduction. Unlike a cited case where the Assessee established the case with documents, the Assessee here failed to do so. Considering the lack of relevant documents, the ITAT remanded the case to the Commissioner for fresh decision in the interest of justice.
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