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 regarding cessation of liability under section 41(1). The tribunal rejected Revenue's contention that non-furnishing of creditors' PAN automatically implies liabilities have ceased to exist. The tribunal emphasized that mere absence of PAN does not establish non-existence of creditors. The assessee had submitted creditor confirmations, which were neither proven false nor found deficient. The burden of proof shifted to Revenue to demonstrate liability cessation. ITAT concluded that Revenue lacked substantive grounds for adding income based on unproven liability extinction. Consequently, the tribunal allowed the assessee's appeal, ruling that non-submission of PAN cannot be sole grounds for treating liabilities as extinguished.
ITAT adjudicated a tax dispute regarding cessation of liability under section 41(1). The tribunal rejected Revenue's contention that non-furnishing of creditors' PAN automatically implies liabilities have ceased to exist. The tribunal emphasized that mere absence of PAN does not establish non-existence of creditors. The assessee had submitted creditor confirmations, which were neither proven false nor found deficient. The burden of proof shifted to Revenue to demonstrate liability cessation. ITAT concluded that Revenue lacked substantive grounds for adding income based on unproven liability extinction. Consequently, the tribunal allowed the assessee's appeal, ruling that non-submission of PAN cannot be sole grounds for treating liabilities as extinguished.
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