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 under section 115JAA, the term "tax" includes education cess and any surcharge or cess levied on tax, as per Explanation (3) to section 40(a)(ii). Consequently, credit for education cess must be allowed against MAT liability to prevent double payment. The Tribunal reversed the CIT(A)'s order denying such credit. Additionally, the ITAT allowed the appeal regarding refund of excess DDT paid, directing the assessee to furnish evidence of dividend received and DDT paid by the subsidiary. The AO was instructed to grant the refund in accordance with section 115-O(1A) and relevant judicial precedent. Both grounds were allowed, resulting in relief to the assessee on MAT credit and DDT refund claims.
The ITAT held that under section 115JAA, the term "tax" includes education cess and any surcharge or cess levied on tax, as per Explanation (3) to section 40(a)(ii). Consequently, credit for education cess must be allowed against MAT liability to prevent double payment. The Tribunal reversed the CIT(A)'s order denying such credit. Additionally, the ITAT allowed the appeal regarding refund of excess DDT paid, directing the assessee to furnish evidence of dividend received and DDT paid by the subsidiary. The AO was instructed to grant the refund in accordance with section 115-O(1A) and relevant judicial precedent. Both grounds were allowed, resulting in relief to the assessee on MAT credit and DDT refund claims.
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