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 HC held that assessment proceedings initiated against an assessee undergoing Corporate Insolvency Resolution Process were invalid as they violated the Moratorium under Section 14 of the IBC, 2016. The Moratorium prohibits initiation or continuation of such proceedings during its operation. Consequently, the assessment proceedings initiated during this period were quashed. However, the court clarified that upon cessation of the Moratorium, the Revenue may lawfully revive the assessment proceedings if entitled to do so under applicable law.
The HC held that assessment proceedings initiated against an assessee undergoing Corporate Insolvency Resolution Process were invalid as they violated the Moratorium under Section 14 of the IBC, 2016. The Moratorium prohibits initiation or continuation of such proceedings during its operation. Consequently, the assessment proceedings initiated during this period were quashed. However, the court clarified that upon cessation of the Moratorium, the Revenue may lawfully revive the assessment proceedings if entitled to do so under applicable law.
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