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 held that where deemed consideration under s.50C is apparent from the return and corroborated by AIR/sale deed, the AO may make adjustments while processing under s.143(1); the assessee's contention that such adjustment is a purely debatable issue was rejected. However, because title disputes and a writ challenging the SRO-fixed FMV are pending, the SRO value cannot be treated as deemed consideration for s.50C, and the AO is obliged to refer valuation to the DVO. The ITAT set aside the CIT(A) order for lack of clear directions and restored the matter to the AO for de novo adjudication. Appeal of the assessee allowed for statistical purposes.
The ITAT held that where deemed consideration under s.50C is apparent from the return and corroborated by AIR/sale deed, the AO may make adjustments while processing under s.143(1); the assessee's contention that such adjustment is a purely debatable issue was rejected. However, because title disputes and a writ challenging the SRO-fixed FMV are pending, the SRO value cannot be treated as deemed consideration for s.50C, and the AO is obliged to refer valuation to the DVO. The ITAT set aside the CIT(A) order for lack of clear directions and restored the matter to the AO for de novo adjudication. Appeal of the assessee allowed for statistical purposes.
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