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 Income Tax Appellate Tribunal held that the assessee, although not disclosing foreign investments in the prescribed Schedule FA of the income tax return, had disclosed the investments in another schedule and offered the perquisite value for taxation. Considering the bonafide disclosure, absence of malafide intention, and the legislative intent behind the Black Money Act to deal with undisclosed foreign income and assets, the Tribunal deleted the penalty imposed u/s 43 of the Act for non-reporting of foreign assets. The decision was in favor of the assessee.
The Income Tax Appellate Tribunal held that the assessee, although not disclosing foreign investments in the prescribed Schedule FA of the income tax return, had disclosed the investments in another schedule and offered the perquisite value for taxation. Considering the bonafide disclosure, absence of malafide intention, and the legislative intent behind the Black Money Act to deal with undisclosed foreign income and assets, the Tribunal deleted the penalty imposed u/s 43 of the Act for non-reporting of foreign assets. The decision was in favor of the assessee.
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