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...
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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 allowed the appeal and deleted additions made under section 56(2)(vii) regarding gifts received after marriage. The assessee received monetary gifts through cheques given during marriage celebrations, but amounts were credited to bank accounts 10-15 days later due to clearing processes. The AO treated these as taxable gifts since credit occurred post-marriage. ITAT held that the expression "on the occasion of marriage" in proviso to section 56(2)(vii) cannot be restrictively interpreted. The tribunal emphasized that when gifts are associated with marriage events, the causal relationship between gift and marriage is determinative, not the timing of account credit. ITAT found the revenue authorities' observations were conjectural without cogent material to disprove documentary evidence. The microscopic interpretation requiring same-day receipt and credit was deemed unrealistic given practical banking procedures.
ITAT allowed the appeal and deleted additions made under section 56(2)(vii) regarding gifts received after marriage. The assessee received monetary gifts through cheques given during marriage celebrations, but amounts were credited to bank accounts 10-15 days later due to clearing processes. The AO treated these as taxable gifts since credit occurred post-marriage. ITAT held that the expression "on the occasion of marriage" in proviso to section 56(2)(vii) cannot be restrictively interpreted. The tribunal emphasized that when gifts are associated with marriage events, the causal relationship between gift and marriage is determinative, not the timing of account credit. ITAT found the revenue authorities' observations were conjectural without cogent material to disprove documentary evidence. The microscopic interpretation requiring same-day receipt and credit was deemed unrealistic given practical banking procedures.
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