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 held that exemption under Section 54F depends on the assessee's investment of the net sale consideration in a new residential house within the prescribed time. The Tribunal declined to summarily accept the assessee's claim of investment in a residential plot purchased prior to the sale, directing remand to the AO for verification of investment details up to the return filing date. If the claim is disallowed, resulting in taxable long-term capital gains (LTCG) for AY 2022-23, the AO must adjust for any tax already paid on the same gains in AY 2024-25 to avoid double taxation, in line with constitutional principles. The AO is further instructed to make appropriate adjustments in accordance with established jurisprudence to ensure correct tax liability without reopening assessments.
The ITAT held that exemption under Section 54F depends on the assessee's investment of the net sale consideration in a new residential house within the prescribed time. The Tribunal declined to summarily accept the assessee's claim of investment in a residential plot purchased prior to the sale, directing remand to the AO for verification of investment details up to the return filing date. If the claim is disallowed, resulting in taxable long-term capital gains (LTCG) for AY 2022-23, the AO must adjust for any tax already paid on the same gains in AY 2024-25 to avoid double taxation, in line with constitutional principles. The AO is further instructed to make appropriate adjustments in accordance with established jurisprudence to ensure correct tax liability without reopening assessments.
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