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 upheld the CIT(A)'s deletion of the addition under section 40(a)(ia) related to TDS under section 194I on payments made to slum dwellers for alternate accommodation during redevelopment. The Tribunal relied on precedent establishing that such payments, characterized as compensation for vacating possession and transit rent, do not constitute "rent" liable to TDS under section 194I. Conversely, the ITAT affirmed the disallowance of delayed PF/ESI payments, consistent with Supreme Court authority, thereby sustaining the AO's disallowance on that ground. Consequently, the appeal was partially allowed, confirming the deletion of the TDS-related addition while upholding the disallowance on delayed statutory contributions.
The ITAT upheld the CIT(A)'s deletion of the addition under section 40(a)(ia) related to TDS under section 194I on payments made to slum dwellers for alternate accommodation during redevelopment. The Tribunal relied on precedent establishing that such payments, characterized as compensation for vacating possession and transit rent, do not constitute "rent" liable to TDS under section 194I. Conversely, the ITAT affirmed the disallowance of delayed PF/ESI payments, consistent with Supreme Court authority, thereby sustaining the AO's disallowance on that ground. Consequently, the appeal was partially allowed, confirming the deletion of the TDS-related addition while upholding the disallowance on delayed statutory contributions.
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