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 assessee's appeal, holding that amounts credited by the employer company constituted salary and not deemed dividend under s. 2(22)(e), and therefore no addition was warranted; the tribunal accepted the assessee's filed return and computation as evidence of salary receipt. The tribunal further held that additions under s. 68 (and s. 69A) for unexplained cash credits were unjustified where the assessee adduced an explanation and the AO failed to discharge the evidentiary burden to the contrary, and accordingly deleted those additions. Net result: all contested additions were deleted and the appeal was allowed in favour of the assessee.
ITAT allowed the assessee's appeal, holding that amounts credited by the employer company constituted salary and not deemed dividend under s. 2(22)(e), and therefore no addition was warranted; the tribunal accepted the assessee's filed return and computation as evidence of salary receipt. The tribunal further held that additions under s. 68 (and s. 69A) for unexplained cash credits were unjustified where the assessee adduced an explanation and the AO failed to discharge the evidentiary burden to the contrary, and accordingly deleted those additions. Net result: all contested additions were deleted and the appeal was allowed in favour of the assessee.
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