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 in favor of the assessee on multiple grounds. Regarding advances from creditors, the Tribunal held that without evidence of actual land sales or suppressed consideration, advances received through banking channels cannot be treated as unaccounted sales. The AO's suspicion based solely on lack of land stock was insufficient. For customer advances, despite some parties being untraceable due to criminal proceedings, the Tribunal found the transactions genuine given supporting documentation including sale deeds, bank statements, and confirmations from most parties. The addition under section 68 was deleted as identity and creditworthiness were established through registered sale deeds. Section 40(a)(ia) disallowance was deleted since the seller had offered the amount to tax. Voluntary disclosure under section 132(4) addition was deleted absent corroborating incriminating material, following CBDT circular guidelines.
ITAT ruled in favor of the assessee on multiple grounds. Regarding advances from creditors, the Tribunal held that without evidence of actual land sales or suppressed consideration, advances received through banking channels cannot be treated as unaccounted sales. The AO's suspicion based solely on lack of land stock was insufficient. For customer advances, despite some parties being untraceable due to criminal proceedings, the Tribunal found the transactions genuine given supporting documentation including sale deeds, bank statements, and confirmations from most parties. The addition under section 68 was deleted as identity and creditworthiness were established through registered sale deeds. Section 40(a)(ia) disallowance was deleted since the seller had offered the amount to tax. Voluntary disclosure under section 132(4) addition was deleted absent corroborating incriminating material, following CBDT circular guidelines.
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