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 lower rate under the India-Singapore DTAA (5% plus surcharge and cess) applies to the interest income and that the erroneous computation at 15% in the return should not advantage Revenue. The matter is remitted to the file of the AO for verification: the assessee is directed to produce documentary evidence substantiating entitlement to the 5% treaty rate (plus surcharge and cess) and the AO is directed to verify the claim in accordance with law and allow the reduced rate if proven. The CIT(A)'s power to accept the revised, lower tax rate is recognized, subject to AO's factual and legal verification.
ITAT held that the lower rate under the India-Singapore DTAA (5% plus surcharge and cess) applies to the interest income and that the erroneous computation at 15% in the return should not advantage Revenue. The matter is remitted to the file of the AO for verification: the assessee is directed to produce documentary evidence substantiating entitlement to the 5% treaty rate (plus surcharge and cess) and the AO is directed to verify the claim in accordance with law and allow the reduced rate if proven. The CIT(A)'s power to accept the revised, lower tax rate is recognized, subject to AO's factual and legal verification.
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