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 assessee's appeal, set aside the order of the Ld. CIT(E) and directed grant of registration under s.12AA. It held that the assessee, a s.25 company formed to assist ex-servicemen and dependants, demonstrated genuineness and charitable objects; incidental receipts from sale of medicines and other activities did not convert activities into a trade or business. The Tribunal concluded the CIT(E) exceeded permissible inquiry at the registration stage by re-examining merits beyond genuineness and objects, noting prior departmental treatment and exemptions under s.11. Accordingly, registration must be granted, limited to verification of genuineness and conformity with declared charitable objects.
The ITAT allowed the assessee's appeal, set aside the order of the Ld. CIT(E) and directed grant of registration under s.12AA. It held that the assessee, a s.25 company formed to assist ex-servicemen and dependants, demonstrated genuineness and charitable objects; incidental receipts from sale of medicines and other activities did not convert activities into a trade or business. The Tribunal concluded the CIT(E) exceeded permissible inquiry at the registration stage by re-examining merits beyond genuineness and objects, noting prior departmental treatment and exemptions under s.11. Accordingly, registration must be granted, limited to verification of genuineness and conformity with declared charitable objects.
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