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 set aside the order requiring mandatory 20% deposit of disputed tax demand as precondition for stay application hearing. The court found this requirement violated both Income Tax Act 1961 and CBDT guidelines. Per CBDT circular, 20% deposit requirement applies only after authority determines prima facie merit for interim relief. Authority failed to consider possibility of reducing deposit percentage based on assessee's circumstances. Matter remanded for fresh consideration within 4 weeks in accordance with guidelines, requiring reasoned order on stay application merits before imposing any deposit conditions.
HC set aside the order requiring mandatory 20% deposit of disputed tax demand as precondition for stay application hearing. The court found this requirement violated both Income Tax Act 1961 and CBDT guidelines. Per CBDT circular, 20% deposit requirement applies only after authority determines prima facie merit for interim relief. Authority failed to consider possibility of reducing deposit percentage based on assessee's circumstances. Matter remanded for fresh consideration within 4 weeks in accordance with guidelines, requiring reasoned order on stay application merits before imposing any deposit conditions.
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