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 AO lacked jurisdiction to add back a transfer-pricing adjustment to book profits under section 115JB beyond the limited adjustments expressly permitted by the Explanation to that section; absent findings that the profit and loss account was not prepared in accordance with the Companies Act or that incorrect accounting policies, standards or depreciation methods were adopted, the AO cannot go behind the net profit shown in the accounts. The appeal was allowed: the AO is directed to exclude any transfer-pricing adjustment, if it survives, from the computation of book profits under section 115JB.
ITAT held that the AO lacked jurisdiction to add back a transfer-pricing adjustment to book profits under section 115JB beyond the limited adjustments expressly permitted by the Explanation to that section; absent findings that the profit and loss account was not prepared in accordance with the Companies Act or that incorrect accounting policies, standards or depreciation methods were adopted, the AO cannot go behind the net profit shown in the accounts. The appeal was allowed: the AO is directed to exclude any transfer-pricing adjustment, if it survives, from the computation of book profits under section 115JB.
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