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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ITAT allowed the assessee's appeal, holding that once the option under s.115BAA is validly exercised through Form 10IC in the initial year, it continues for subsequent assessment years and need not be re-filed annually. Form 10IC filed belatedly for AY 2020-21 was held valid and operative for AY 2021-22 and later years, there being no violation of s.115BAA(2). Consequently, denial of the concessional tax rate in the s.143(1) intimation for AY 2021-22 was set aside. ITAT further held that CPC lacked jurisdiction to make adhoc additions in processing under s.143(1). AO was directed to pass an order under s.154 deleting the adhoc addition for AY 2022-23.
ITAT allowed the assessee's appeal, holding that once the option under s.115BAA is validly exercised through Form 10IC in the initial year, it continues for subsequent assessment years and need not be re-filed annually. Form 10IC filed belatedly for AY 2020-21 was held valid and operative for AY 2021-22 and later years, there being no violation of s.115BAA(2). Consequently, denial of the concessional tax rate in the s.143(1) intimation for AY 2021-22 was set aside. ITAT further held that CPC lacked jurisdiction to make adhoc additions in processing under s.143(1). AO was directed to pass an order under s.154 deleting the adhoc addition for AY 2022-23.
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