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 allowed Revenue's appeal for statistical purposes in short-term capital gains dispute. Assessee sold land, and CIT(A)/NFAC directed AO to compute capital gains by deducting fair market value from sale consideration. ITAT held that when actual cost of asset is available, fair market value deduction is inappropriate for determining capital gains. However, since AO's order was ex-parte and treatment of other co-owners remained unclear, ITAT restored matter to AO for fresh determination. AO directed to decide issue afresh after providing due hearing opportunity to assessee, considering treatment of other co-partners, and allowing assessee to substantiate case with requisite details in accordance with law.
ITAT allowed Revenue's appeal for statistical purposes in short-term capital gains dispute. Assessee sold land, and CIT(A)/NFAC directed AO to compute capital gains by deducting fair market value from sale consideration. ITAT held that when actual cost of asset is available, fair market value deduction is inappropriate for determining capital gains. However, since AO's order was ex-parte and treatment of other co-owners remained unclear, ITAT restored matter to AO for fresh determination. AO directed to decide issue afresh after providing due hearing opportunity to assessee, considering treatment of other co-partners, and allowing assessee to substantiate case with requisite details in accordance with law.
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