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 AT dismissed the appeal, holding the transactions to be benami. The Tribunal found that the Appellant effected indirect investment through a benamidar and family to acquire tribal lands, rather than extending a genuine loan: the benamidar disclaimed knowledge, his bank account was operated by the Appellant, no loan agreement, security or repayment capacity was demonstrated, and rapid reconveyance of several parcels to the Appellant evidenced sham transactions. Applying the statutory benami framework, the AT concluded that the 57 sale deeds in the benamidar's name were benami and therefore unenforceable, and subsequent permission-related challenges did not vest lawful ownership in the Appellant. Appeal dismissed.
The AT dismissed the appeal, holding the transactions to be benami. The Tribunal found that the Appellant effected indirect investment through a benamidar and family to acquire tribal lands, rather than extending a genuine loan: the benamidar disclaimed knowledge, his bank account was operated by the Appellant, no loan agreement, security or repayment capacity was demonstrated, and rapid reconveyance of several parcels to the Appellant evidenced sham transactions. Applying the statutory benami framework, the AT concluded that the 57 sale deeds in the benamidar's name were benami and therefore unenforceable, and subsequent permission-related challenges did not vest lawful ownership in the Appellant. Appeal dismissed.
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