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 appellant's appeal against CIT(E)'s rejection of registration under s.12AB. The Tribunal found that the trust deed contained objects for charitable activities to the general public, and the trust had provided education and healthcare to families of employees who died during the COVID-19 pandemic. The ITAT held that deceased employees' family members constitute "public" with no employer-employee relationship existing between them and the appellant. Regarding the absence of a dissolution clause, the Tribunal ruled that after the insertion of s.115TD by Finance Act 2016, concerns about transfer of net assets have been addressed, making this insufficient grounds to deny registration. The CIT(E) erred in rejecting registration under s.12A and s.80G.
The ITAT allowed the appellant's appeal against CIT(E)'s rejection of registration under s.12AB. The Tribunal found that the trust deed contained objects for charitable activities to the general public, and the trust had provided education and healthcare to families of employees who died during the COVID-19 pandemic. The ITAT held that deceased employees' family members constitute "public" with no employer-employee relationship existing between them and the appellant. Regarding the absence of a dissolution clause, the Tribunal ruled that after the insertion of s.115TD by Finance Act 2016, concerns about transfer of net assets have been addressed, making this insufficient grounds to deny registration. The CIT(E) erred in rejecting registration under s.12A and s.80G.
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