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 reassessment proceedings initiated against the Petitioner-trust were invalid and liable to be quashed. It was found that the Petitioner had duly complied with s.11(2) of the Act by filing Form 10 electronically, specifically indicating the purposes of accumulation through a referenced Resolution, which was also on record. HC held that limited space in Form 10 justified referring to the Resolution, and such reference satisfied the statutory requirement read with r.17. The reasons recorded by the AO alleging non-compliance with s.11(2) were held to be erroneous and irrelevant, particularly since the Resolution was available on the portal and considered part of the record. Having fulfilled s.11(2), the Petitioner was entitled as of right to exemption, and the reassessment was set aside.
HC held that the reassessment proceedings initiated against the Petitioner-trust were invalid and liable to be quashed. It was found that the Petitioner had duly complied with s.11(2) of the Act by filing Form 10 electronically, specifically indicating the purposes of accumulation through a referenced Resolution, which was also on record. HC held that limited space in Form 10 justified referring to the Resolution, and such reference satisfied the statutory requirement read with r.17. The reasons recorded by the AO alleging non-compliance with s.11(2) were held to be erroneous and irrelevant, particularly since the Resolution was available on the portal and considered part of the record. Having fulfilled s.11(2), the Petitioner was entitled as of right to exemption, and the reassessment was set aside.
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