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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HC held that the tax authority lacks power to relax s.44AB but, to give effect to its notification extending the "specified date" for furnishing the tax audit report, the authority should concomitantly relax s.139(1) by extending the due date for filing returns, thereby automatically extending the s.44AB "specified date." The Court directed the respondent tax Board to explain why it has not issued a simultaneous notification extending the s.139(1) due date and required justification for not making the deemed extension operative. The decision mandates administrative action to align return-filing and audit-report timelines and preserves the taxpayers' entitlement to an extended specified date.
HC held that the tax authority lacks power to relax s.44AB but, to give effect to its notification extending the "specified date" for furnishing the tax audit report, the authority should concomitantly relax s.139(1) by extending the due date for filing returns, thereby automatically extending the s.44AB "specified date." The Court directed the respondent tax Board to explain why it has not issued a simultaneous notification extending the s.139(1) due date and required justification for not making the deemed extension operative. The decision mandates administrative action to align return-filing and audit-report timelines and preserves the taxpayers' entitlement to an extended specified date.
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