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...
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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 ITAT allowed the assessee's appeal and deleted the addition made under s. 68 in respect of unsecured loans and related interest. The assessee had produced documentary evidence establishing the identity and creditworthiness of the loan creditors and the genuineness of the transactions. The AO neither rebutted nor commented upon these evidences and placed undue emphasis on the non-service or non-compliance of summons by the creditors. The ITAT held that, in view of the uncontroverted evidences on record, the onus cast on the assessee under s. 68 stood discharged. Consequently, the order of the CIT(A) sustaining the addition was set aside and the entire addition was directed to be deleted.
The ITAT allowed the assessee's appeal and deleted the addition made under s. 68 in respect of unsecured loans and related interest. The assessee had produced documentary evidence establishing the identity and creditworthiness of the loan creditors and the genuineness of the transactions. The AO neither rebutted nor commented upon these evidences and placed undue emphasis on the non-service or non-compliance of summons by the creditors. The ITAT held that, in view of the uncontroverted evidences on record, the onus cast on the assessee under s. 68 stood discharged. Consequently, the order of the CIT(A) sustaining the addition was set aside and the entire addition was directed to be deleted.
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