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. Additions on account of cash and jewellery seized during search were quashed as the assets were not found at premises of the AOP or its members and the consortium itself was not a legal entity. Additions for alleged bogus purchases from three suppliers were deleted, the Tribunal holding that payments were routed through banking channels, recognized in an arbitral award, and advances written off due to delay could not be treated as non-genuine. Disallowance of expenses was also set aside since payments were by cheque with TDS and duly accounted in the AOP's financials. The TP adjustment, based on an improper application of CUP without comparables and contrary to earlier directions, was held unsustainable and the corresponding addition was set aside.
ITAT allowed the assessee's appeal. Additions on account of cash and jewellery seized during search were quashed as the assets were not found at premises of the AOP or its members and the consortium itself was not a legal entity. Additions for alleged bogus purchases from three suppliers were deleted, the Tribunal holding that payments were routed through banking channels, recognized in an arbitral award, and advances written off due to delay could not be treated as non-genuine. Disallowance of expenses was also set aside since payments were by cheque with TDS and duly accounted in the AOP's financials. The TP adjustment, based on an improper application of CUP without comparables and contrary to earlier directions, was held unsustainable and the corresponding addition was set aside.
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