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 ruled that seized documents from Micromax premises cannot be used against the assessee under Section 153A. The panchanama did not include the assessee's name, and the documents were found during an independent search of a third-party company. The Tribunal held that such documents can only be utilized under Section 153C after the AO records satisfaction that the documents relate to another person. The procedural requirement mandates a separate proceeding and independent satisfaction by the AO before initiating assessment. Consequently, the AO's assessment order was deemed improper, and the assessee's appeal was allowed.
ITAT ruled that seized documents from Micromax premises cannot be used against the assessee under Section 153A. The panchanama did not include the assessee's name, and the documents were found during an independent search of a third-party company. The Tribunal held that such documents can only be utilized under Section 153C after the AO records satisfaction that the documents relate to another person. The procedural requirement mandates a separate proceeding and independent satisfaction by the AO before initiating assessment. Consequently, the AO's assessment order was deemed improper, and the assessee's appeal was allowed.
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