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 determined the residential status of the assessee under Section 6, concluding that the global income is taxable in India. Despite holding a UAE tax residency certificate, the tribunal found the assessee meets the residential criteria for Indian tax purposes. The tribunal confirmed the Assessing Officer's order, rejecting the assessee's arguments about business travel and visa status. The decision mandates taxation of global income in India and directs the AO to verify and provide credit for foreign taxes paid, while also requiring a de novo reassessment of long-term capital gains using valuation figures from 30.06.2018 to prevent potential tax avoidance.
The ITAT determined the residential status of the assessee under Section 6, concluding that the global income is taxable in India. Despite holding a UAE tax residency certificate, the tribunal found the assessee meets the residential criteria for Indian tax purposes. The tribunal confirmed the Assessing Officer's order, rejecting the assessee's arguments about business travel and visa status. The decision mandates taxation of global income in India and directs the AO to verify and provide credit for foreign taxes paid, while also requiring a de novo reassessment of long-term capital gains using valuation figures from 30.06.2018 to prevent potential tax avoidance.
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