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 held that for AY 1997-1998, the Tribunal erroneously interpreted Section 64(1A) by attempting to club the minor son's income in the father's hands, despite the previous year's (AY 1996-1997) income being already clubbed in the mother's hands. The court strictly construed the provision and determined that the minor's income (loss) was correctly considered in the mother's assessment for AY 1997-1998. The Tribunal's reasoning was rejected, particularly since the clubbing issue was not originally considered at the assessment stage and the previous year's order remained undisturbed. The decision ultimately favored the assessee's interpretation of income clubbing provisions.
HC held that for AY 1997-1998, the Tribunal erroneously interpreted Section 64(1A) by attempting to club the minor son's income in the father's hands, despite the previous year's (AY 1996-1997) income being already clubbed in the mother's hands. The court strictly construed the provision and determined that the minor's income (loss) was correctly considered in the mother's assessment for AY 1997-1998. The Tribunal's reasoning was rejected, particularly since the clubbing issue was not originally considered at the assessment stage and the previous year's order remained undisturbed. The decision ultimately favored the assessee's interpretation of income clubbing provisions.
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