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ITAT held that the option under s.115BAA, once exercised by filing Form 10-IC, ordinarily cannot be withdrawn; however, where statutory conditions in s.115BAA(2) are not satisfied and the assessee claimed MAT credit under s.115JAA (which is incompatible with the concessional regime), the exercised option is treated as ineffectual for the relevant and subsequent assessment years. The Tribunal invalidated the s.115BAA election in such circumstances, directed remand to the file of the CIT(A) for verification of records and fresh adjudication, and permitted the assessee to compute tax under the pre-115BAA regime to enable a legitimate claim of MAT credit.
ITAT held that the option under s.115BAA, once exercised by filing Form 10-IC, ordinarily cannot be withdrawn; however, where statutory conditions in s.115BAA(2) are not satisfied and the assessee claimed MAT credit under s.115JAA (which is incompatible with the concessional regime), the exercised option is treated as ineffectual for the relevant and subsequent assessment years. The Tribunal invalidated the s.115BAA election in such circumstances, directed remand to the file of the CIT(A) for verification of records and fresh adjudication, and permitted the assessee to compute tax under the pre-115BAA regime to enable a legitimate claim of MAT credit.
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