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 appeal, reversing additions made by the AO. The Tribunal held that the LTCG from Pine Animation Ltd shares was genuine, as the assessee was a regular investor who purchased shares on broker advice, with no contradictory evidence found during examination under s.132(4). Consequently, the 5% estimated commission expense addition was also deleted as unnecessary. Regarding WhatsApp chat evidence, the ITAT ruled that additions cannot be sustained based on digital evidence without proper certification under s.65B. Without corroborative evidence, the alleged chat was merely a third-party document insufficient to establish unexplained cash credits under s.68.
The ITAT allowed the assessee's appeal, reversing additions made by the AO. The Tribunal held that the LTCG from Pine Animation Ltd shares was genuine, as the assessee was a regular investor who purchased shares on broker advice, with no contradictory evidence found during examination under s.132(4). Consequently, the 5% estimated commission expense addition was also deleted as unnecessary. Regarding WhatsApp chat evidence, the ITAT ruled that additions cannot be sustained based on digital evidence without proper certification under s.65B. Without corroborative evidence, the alleged chat was merely a third-party document insufficient to establish unexplained cash credits under s.68.
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