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 AT set aside the impugned order in FEMA proceedings due to reliance on an unauthenticated foreign document in German pertaining to a foreign trust and bank account. The document, central to the case and originating abroad, was not authenticated as required by law. The appellants denied any knowledge or involvement with the foreign account and trust, and no contradictory evidence was presented by the respondent. The Tribunal reaffirmed its prior ruling that foreign-origin documents lacking proper authentication are inadmissible. Consequently, the order based solely on such document without corroborative evidence was held unsustainable. The appeals were allowed, and the impugned order was quashed for want of merit.
The AT set aside the impugned order in FEMA proceedings due to reliance on an unauthenticated foreign document in German pertaining to a foreign trust and bank account. The document, central to the case and originating abroad, was not authenticated as required by law. The appellants denied any knowledge or involvement with the foreign account and trust, and no contradictory evidence was presented by the respondent. The Tribunal reaffirmed its prior ruling that foreign-origin documents lacking proper authentication are inadmissible. Consequently, the order based solely on such document without corroborative evidence was held unsustainable. The appeals were allowed, and the impugned order was quashed for want of merit.
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