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 dismissed the revenue appeal and upheld the ITAT order directing registration under s.12AB of the IT Act. The court held that the Principal Commissioner/Commissioner must satisfy themselves as to the trust's objects and genuineness of activities under clause (a) r/w s.2(15) and record a written order of registration to be communicated to the applicant. Relying on the SC principle that a newly constituted trust may be registered on the basis of its objects even absent prior activity, the HC accepted the ITAT's finding that the assessee's objects are charitable and that denial of s.12AB registration based on actual activities was unsustainable; the appeal was dismissed.
The HC dismissed the revenue appeal and upheld the ITAT order directing registration under s.12AB of the IT Act. The court held that the Principal Commissioner/Commissioner must satisfy themselves as to the trust's objects and genuineness of activities under clause (a) r/w s.2(15) and record a written order of registration to be communicated to the applicant. Relying on the SC principle that a newly constituted trust may be registered on the basis of its objects even absent prior activity, the HC accepted the ITAT's finding that the assessee's objects are charitable and that denial of s.12AB registration based on actual activities was unsustainable; the appeal was dismissed.
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