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 authorities under s.131 possess powers akin to a civil court, including examining persons on oath; therefore, statements recorded thereunder are admissible in principle. Nevertheless, on facts, HC upheld ITAT's deletion of additions under ss.68 and 56(2)(viib), finding no perversity in ITAT's re-appreciation of the third-party statement and noting absence of specific defects in the assessee's share valuation; additions were thus unsustainable and decided in favour of the assessee. HC also upheld ITAT's remand on lease rent paid to a director for fresh examination under s.40A(2). However, on disallowances under ss.36(1)(iii) and 36(1)(va), HC accepted the revenue's challenge, set aside ITAT's remand, and directed ITAT to decide the issue afresh on existing material and law.
HC held that authorities under s.131 possess powers akin to a civil court, including examining persons on oath; therefore, statements recorded thereunder are admissible in principle. Nevertheless, on facts, HC upheld ITAT's deletion of additions under ss.68 and 56(2)(viib), finding no perversity in ITAT's re-appreciation of the third-party statement and noting absence of specific defects in the assessee's share valuation; additions were thus unsustainable and decided in favour of the assessee. HC also upheld ITAT's remand on lease rent paid to a director for fresh examination under s.40A(2). However, on disallowances under ss.36(1)(iii) and 36(1)(va), HC accepted the revenue's challenge, set aside ITAT's remand, and directed ITAT to decide the issue afresh on existing material and law.
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