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 allowed the appeal of the Appellant-Trust, set aside the PCIT-Central's order canceling registration under s.12AB(4)(ii) and restored registration granted under s.12A. The Tribunal held the cancellation rested on suspicion and surmise without evidentiary foundation: ledger records established receipt of amounts from book sales either in the same or subsequent year, negating any inference of diverted consideration or misapplication of trust property. The Trust's activities, including sale/distribution of donated books, fall within its stated objects (including Clause-z) and income has been applied for charitable objects; there was no proof of non-compliance with registration conditions or proscribed benefit under s.13(3). Appeal allowed.
The ITAT allowed the appeal of the Appellant-Trust, set aside the PCIT-Central's order canceling registration under s.12AB(4)(ii) and restored registration granted under s.12A. The Tribunal held the cancellation rested on suspicion and surmise without evidentiary foundation: ledger records established receipt of amounts from book sales either in the same or subsequent year, negating any inference of diverted consideration or misapplication of trust property. The Trust's activities, including sale/distribution of donated books, fall within its stated objects (including Clause-z) and income has been applied for charitable objects; there was no proof of non-compliance with registration conditions or proscribed benefit under s.13(3). Appeal allowed.
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