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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SC held that appeals by the Revenue were partly allowed. The Court construed s.138C(4) of the Act, 1962 to require certification for computer-generated documents read into evidence, but recognised that compliance may be established by the record of proceedings and statements recorded under s.108 where such materials and signatures appear on the record; a formal certificate in the strict sense is not invariably necessary. The Court applied principles of admissibility under ss.65A/65B of the Indian Evidence Act and noted that definitions in the IT Act govern terms like "electronic record" and "certifying authority." As the s.108 statements were not retracted and not disputed, they satisfied s.138C(4) for present proceedings; evidentiary weight in other fora depends on compliance with s.138B.
SC held that appeals by the Revenue were partly allowed. The Court construed s.138C(4) of the Act, 1962 to require certification for computer-generated documents read into evidence, but recognised that compliance may be established by the record of proceedings and statements recorded under s.108 where such materials and signatures appear on the record; a formal certificate in the strict sense is not invariably necessary. The Court applied principles of admissibility under ss.65A/65B of the Indian Evidence Act and noted that definitions in the IT Act govern terms like "electronic record" and "certifying authority." As the s.108 statements were not retracted and not disputed, they satisfied s.138C(4) for present proceedings; evidentiary weight in other fora depends on compliance with s.138B.
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