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 the addition of unsecured loan as unexplained income under section 69A read with section 115BBE was not sustainable without proper examination of relevant evidence. The Tribunal noted that additional evidence submitted by the assessee, including an MOU and an affidavit, was not considered by the AO, who relied solely on seized documents. Since the additional evidence could not have been filed earlier as it arose post the lower authorities' orders, the ITAT allowed the assessee's appeal for statistical purposes and remanded the matter to the AO for fresh adjudication after considering all relevant evidence, including the affidavit of Sumitradevi Chaudhary.
The ITAT held that the addition of unsecured loan as unexplained income under section 69A read with section 115BBE was not sustainable without proper examination of relevant evidence. The Tribunal noted that additional evidence submitted by the assessee, including an MOU and an affidavit, was not considered by the AO, who relied solely on seized documents. Since the additional evidence could not have been filed earlier as it arose post the lower authorities' orders, the ITAT allowed the assessee's appeal for statistical purposes and remanded the matter to the AO for fresh adjudication after considering all relevant evidence, including the affidavit of Sumitradevi Chaudhary.
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