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 ITAT allowed the assessee's claim for deduction of ESOP expenditure, directing the AO to follow the binding precedents of the Karnataka HC and ITAT Special Bench on this issue. It held that the AO violated judicial discipline by rejecting the claim without considering these higher judicial precedents, disrespecting principles of judicial precedents. The ITAT reprimanded the lower authorities for grossly rejecting the assessee's claim to keep the issue alive despite the coordinate Bench remanding it for fresh examination, when the ESOP matter was pending before the Supreme Court.
The ITAT allowed the assessee's claim for deduction of ESOP expenditure, directing the AO to follow the binding precedents of the Karnataka HC and ITAT Special Bench on this issue. It held that the AO violated judicial discipline by rejecting the claim without considering these higher judicial precedents, disrespecting principles of judicial precedents. The ITAT reprimanded the lower authorities for grossly rejecting the assessee's claim to keep the issue alive despite the coordinate Bench remanding it for fresh examination, when the ESOP matter was pending before the Supreme Court.
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