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 belated return filed on 07/09/2023 was defective under clause (ca) of the Explanation to s.139(9) and could not be revised; nonetheless, invoking Article 265, the Tribunal found that the assessee suffered undue tax burden due to incorrect income and TDS figures furnished by a tax consultant and that absence of a statutory revision mechanism should not prejudice the taxpayer. The matter is restored to the learned JAO with directions to afford the assessee an opportunity either to file a corrected return within a specified window or, alternatively, to submit a correct computation of income with supporting documents for assessment, and to proceed thereafter in accordance with law.
ITAT held that the belated return filed on 07/09/2023 was defective under clause (ca) of the Explanation to s.139(9) and could not be revised; nonetheless, invoking Article 265, the Tribunal found that the assessee suffered undue tax burden due to incorrect income and TDS figures furnished by a tax consultant and that absence of a statutory revision mechanism should not prejudice the taxpayer. The matter is restored to the learned JAO with directions to afford the assessee an opportunity either to file a corrected return within a specified window or, alternatively, to submit a correct computation of income with supporting documents for assessment, and to proceed thereafter in accordance with law.
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