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 additions made in assessment based solely on statements and documents seized from a third party, without affording assessees an opportunity to cross-examine that witness, violated principles of natural justice. The AO and Commissioner had rejected specific requests for cross-examination, and the Tribunal failed to appreciate settled law on this issue. HC allowed the assessees' tax appeals, quashed the Tribunal's orders, and set aside the consequential assessments. Matters were remanded to the AO for de novo adjudication after granting effective cross-examination of the key witness. All other questions of law and merits were expressly left open for fresh consideration.
HC held that additions made in assessment based solely on statements and documents seized from a third party, without affording assessees an opportunity to cross-examine that witness, violated principles of natural justice. The AO and Commissioner had rejected specific requests for cross-examination, and the Tribunal failed to appreciate settled law on this issue. HC allowed the assessees' tax appeals, quashed the Tribunal's orders, and set aside the consequential assessments. Matters were remanded to the AO for de novo adjudication after granting effective cross-examination of the key witness. All other questions of law and merits were expressly left open for fresh consideration.
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