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 allowed the appeal and directed the AO to grant TDS credit to the anonymized assessee within 60 days. The Tribunal concluded that TDS is an onerous statutory obligation of the payer and, notwithstanding the employer's entry into CIRP and resultant moratorium under IBC s.9, the employee who produces conclusive evidence of salary deduction cannot be denied credit because the employer failed to deposit TDS. The Tribunal observed that civil consequences such as penalty and prosecution against the responsible officer remain available against the payer, but revenue's inaction cannot prejudice the assessee's right to credit. The appeal was allowed and relief granted as directed.
ITAT allowed the appeal and directed the AO to grant TDS credit to the anonymized assessee within 60 days. The Tribunal concluded that TDS is an onerous statutory obligation of the payer and, notwithstanding the employer's entry into CIRP and resultant moratorium under IBC s.9, the employee who produces conclusive evidence of salary deduction cannot be denied credit because the employer failed to deposit TDS. The Tribunal observed that civil consequences such as penalty and prosecution against the responsible officer remain available against the payer, but revenue's inaction cannot prejudice the assessee's right to credit. The appeal was allowed and relief granted as directed.
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