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 no addition under section 153A could be sustained against the assessee as no incriminating material was found during the search relating to the unsecured loan in question. Additions based solely on statements of unrelated third parties, which were subsequently retracted, were held inadmissible since such parties had no connection with the assessee. The tribunal distinguished the present facts from precedents where statements of connected persons were relied upon. The AO's failure to follow the prescribed procedure under section 153C, as mandated by the Supreme Court, was noted, and since the assessment year was unabated, no further action under section 153C could be initiated. Consequently, all additions made under section 153A were deleted, resulting in the complete quashing of the impugned assessment order.
The ITAT held that no addition under section 153A could be sustained against the assessee as no incriminating material was found during the search relating to the unsecured loan in question. Additions based solely on statements of unrelated third parties, which were subsequently retracted, were held inadmissible since such parties had no connection with the assessee. The tribunal distinguished the present facts from precedents where statements of connected persons were relied upon. The AO's failure to follow the prescribed procedure under section 153C, as mandated by the Supreme Court, was noted, and since the assessment year was unabated, no further action under section 153C could be initiated. Consequently, all additions made under section 153A were deleted, resulting in the complete quashing of the impugned assessment order.
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