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 upheld the validity of reassessment initiated under section 147, holding that subsequent CBDT Notification No. 3/2019 withdrawing approval of the donee institution, Bioved Research Society, with retrospective effect constituted fresh, tangible material indicating misuse of section 35(1)(ii) through accommodation entries. The AO's formation of belief that income had escaped assessment was found to be neither imaginary nor based on change of opinion. Consequently, the Tribunal sustained the disallowance of the assessee's Rs. 30 lakh donation and denial of deduction under section 35(1)(ii), deciding the appeal against the assessee.
ITAT upheld the validity of reassessment initiated under section 147, holding that subsequent CBDT Notification No. 3/2019 withdrawing approval of the donee institution, Bioved Research Society, with retrospective effect constituted fresh, tangible material indicating misuse of section 35(1)(ii) through accommodation entries. The AO's formation of belief that income had escaped assessment was found to be neither imaginary nor based on change of opinion. Consequently, the Tribunal sustained the disallowance of the assessee's Rs. 30 lakh donation and denial of deduction under section 35(1)(ii), deciding the appeal against the assessee.
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