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 losses arising from trading in derivatives are to be classified as business losses under the proviso to section 43(5) and not as speculation losses. Consequently, the Explanation to Section 73, which pertains to speculation losses, is inapplicable. Therefore, such losses are permissible to be set off against income from business. This decision aligns with the precedent set by Asian Financial Services Ltd and resulted in a ruling against the revenue authorities.
The HC held that losses arising from trading in derivatives are to be classified as business losses under the proviso to section 43(5) and not as speculation losses. Consequently, the Explanation to Section 73, which pertains to speculation losses, is inapplicable. Therefore, such losses are permissible to be set off against income from business. This decision aligns with the precedent set by Asian Financial Services Ltd and resulted in a ruling against the revenue authorities.
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