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 dismissed the assessee's adjournment petition as it lacked valid reasons, following precedent that no vested right exists for adjournments. Regarding assessment proceedings, the ITAT distinguished between assessments under Section 143(3) versus Section 153C, noting that for search years, additions must comply with Section 143(3) requirements rather than Section 153C provisions. The CIT(A) erroneously applied Section 153C standards to a search year assessment and deleted additions totaling Rs. 18 crores found during search operations at another entity's premises. The ITAT set aside the CIT(A)'s order for failing to properly adjudicate on merits and remanded the matter back to CIT(A) for fresh consideration. The Revenue's appeal was allowed for statistical purposes.
The ITAT dismissed the assessee's adjournment petition as it lacked valid reasons, following precedent that no vested right exists for adjournments. Regarding assessment proceedings, the ITAT distinguished between assessments under Section 143(3) versus Section 153C, noting that for search years, additions must comply with Section 143(3) requirements rather than Section 153C provisions. The CIT(A) erroneously applied Section 153C standards to a search year assessment and deleted additions totaling Rs. 18 crores found during search operations at another entity's premises. The ITAT set aside the CIT(A)'s order for failing to properly adjudicate on merits and remanded the matter back to CIT(A) for fresh consideration. The Revenue's appeal was allowed for statistical purposes.
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