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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ITAT held that the TPO order under section 92CA(3) and the assessment order under section 143(3) insofar as they invoked section 92BA(i) are invalid and void ab initio because section 92BA(i) was omitted with effect from 01.04.2017; accordingly the Tribunal upheld the CIT(A)'s deletion of the upward transfer-pricing adjustment equal to 10% of the aggregate value of specified domestic transactions. The Revenue's appeal was dismissed as devoid of merit; the impugned additions made by reference to the now-omitted statutory provision cannot stand against the Assessee in the absence of any saving provision.
ITAT held that the TPO order under section 92CA(3) and the assessment order under section 143(3) insofar as they invoked section 92BA(i) are invalid and void ab initio because section 92BA(i) was omitted with effect from 01.04.2017; accordingly the Tribunal upheld the CIT(A)'s deletion of the upward transfer-pricing adjustment equal to 10% of the aggregate value of specified domestic transactions. The Revenue's appeal was dismissed as devoid of merit; the impugned additions made by reference to the now-omitted statutory provision cannot stand against the Assessee in the absence of any saving provision.
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