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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HC determined that the Direct Tax Vivad Se Vishwas Scheme's benefits extend beyond cases with existing appeals, writs, or special leave petitions. The court interpreted Section 89(1)(a) broadly to include assessees who are aggrieved by Income-Tax Authority orders and still within the timeframe to file appeals, even if they haven't formally initiated proceedings. This interpretation expands the scheme's scope beyond current litigants to potential appellants, provided they fall within the statutory appeal filing period. The ruling effectively broadens access to the tax dispute resolution mechanism, allowing more taxpayers to utilize the settlement provisions under the Finance (No.2) Act, 2024.
HC determined that the Direct Tax Vivad Se Vishwas Scheme's benefits extend beyond cases with existing appeals, writs, or special leave petitions. The court interpreted Section 89(1)(a) broadly to include assessees who are aggrieved by Income-Tax Authority orders and still within the timeframe to file appeals, even if they haven't formally initiated proceedings. This interpretation expands the scheme's scope beyond current litigants to potential appellants, provided they fall within the statutory appeal filing period. The ruling effectively broadens access to the tax dispute resolution mechanism, allowing more taxpayers to utilize the settlement provisions under the Finance (No.2) Act, 2024.
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