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 Tribunal held that the remuneration received by the assessee, who was a whole-time director holding 13.8% shares in D-Art Furniture System Pvt. Ltd. and supervising sales, should be assessed under the head 'Salary' and not as 'Income from Other Sources'. The ITAT ruled that the company, being a juristic person governed by the Board of Directors, could be an employer while appointing the assessee as a whole-time director on a particular remuneration. The ITAT directed the Assessing Officer (AO) to allow deductions for conveyance allowance and HRA for the assessment year (AY) 2010-11. For AY 2011-12, the ITAT deleted the addition made under 'Income from Other Sources'. Regarding the bank deposit, the ITAT accepted the assessee's explanation that it was the sale consideration received from the sale of a property. However, for the disallowance of business expenditure, the ITAT restored the matter to the AO for fresh adjudication, as the assessee failed to produce bills, vouchers, or establish the genuineness of the expenditure.
The Tribunal held that the remuneration received by the assessee, who was a whole-time director holding 13.8% shares in D-Art Furniture System Pvt. Ltd. and supervising sales, should be assessed under the head 'Salary' and not as 'Income from Other Sources'. The ITAT ruled that the company, being a juristic person governed by the Board of Directors, could be an employer while appointing the assessee as a whole-time director on a particular remuneration. The ITAT directed the Assessing Officer (AO) to allow deductions for conveyance allowance and HRA for the assessment year (AY) 2010-11. For AY 2011-12, the ITAT deleted the addition made under 'Income from Other Sources'. Regarding the bank deposit, the ITAT accepted the assessee's explanation that it was the sale consideration received from the sale of a property. However, for the disallowance of business expenditure, the ITAT restored the matter to the AO for fresh adjudication, as the assessee failed to produce bills, vouchers, or establish the genuineness of the expenditure.
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