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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ITAT adjudicated a tax dispute involving annual letting value (ALV) and transfer fee. For let-out property, the tribunal affirmed municipal rateable value as the appropriate benchmark for computing annual value, rejecting lower actual rental income. The tribunal consistently upheld that actual rent received from different tenants cannot retroactively determine rental valuation for prior assessment years. Regarding transfer fee, the tribunal followed Supreme Court precedent, determining that transfer fee/amenities fee receipts are non-taxable income for the assessee. The decision reinforces established principles of property income assessment, prioritizing municipal valuation and exempting specific cooperative society transfer-related receipts from taxation.
ITAT adjudicated a tax dispute involving annual letting value (ALV) and transfer fee. For let-out property, the tribunal affirmed municipal rateable value as the appropriate benchmark for computing annual value, rejecting lower actual rental income. The tribunal consistently upheld that actual rent received from different tenants cannot retroactively determine rental valuation for prior assessment years. Regarding transfer fee, the tribunal followed Supreme Court precedent, determining that transfer fee/amenities fee receipts are non-taxable income for the assessee. The decision reinforces established principles of property income assessment, prioritizing municipal valuation and exempting specific cooperative society transfer-related receipts from taxation.
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