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 based on estimating net profit at 2.24% of turnover, holding that such addition constituted double taxation since the surrendered income already accounted for discrepancies in books without rejection of accounts. Consequently, the ground challenging this addition was dismissed. Further, the Tribunal ruled that surrendered income disclosed under "Income from Other Sources" could not be taxed under section 115BBE as it was not assessed as deemed income under sections 68, 69, 69A, 69B, 69C, or 69D. The AO was accordingly directed not to apply section 115BBE, and the CIT(A)'s order in this regard was affirmed.
The ITAT upheld the CIT(A)'s deletion of the addition based on estimating net profit at 2.24% of turnover, holding that such addition constituted double taxation since the surrendered income already accounted for discrepancies in books without rejection of accounts. Consequently, the ground challenging this addition was dismissed. Further, the Tribunal ruled that surrendered income disclosed under "Income from Other Sources" could not be taxed under section 115BBE as it was not assessed as deemed income under sections 68, 69, 69A, 69B, 69C, or 69D. The AO was accordingly directed not to apply section 115BBE, and the CIT(A)'s order in this regard was affirmed.
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