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 Assessing Officer is required to issue a draft assessment order u/s 144C in cases where there is a variation to the returned income on account of arm's length price adjustments for international or specified domestic transactions, as proposed by the Transfer Pricing Officer. Additionally, for non-resident assessees (other than companies), the Assessing Officer must comply with Section 144C from April 1, 2020, if any variation prejudicial to the assessee's interest is proposed. The Tribunal quashed the final assessment order passed without issuing a draft order as mandated by Section 144C(1), following the Delhi High Court's decision in Principal Commissioner of Income Tax vs Sumitomo Corporation India (P.) Ltd.
The Tribunal held that the Assessing Officer is required to issue a draft assessment order u/s 144C in cases where there is a variation to the returned income on account of arm's length price adjustments for international or specified domestic transactions, as proposed by the Transfer Pricing Officer. Additionally, for non-resident assessees (other than companies), the Assessing Officer must comply with Section 144C from April 1, 2020, if any variation prejudicial to the assessee's interest is proposed. The Tribunal quashed the final assessment order passed without issuing a draft order as mandated by Section 144C(1), following the Delhi High Court's decision in Principal Commissioner of Income Tax vs Sumitomo Corporation India (P.) Ltd.
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