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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Depreciation on machinery was disputed on the ground that certain units were not used during the relevant year. The court held that, post the "block of assets" regime, depreciation is allowable with reference to the block as a whole, and not asset-wise or unit-wise; once the assessee continues its business, the block is treated as "put to use," and non-use of particular assets within the block does not defeat the claim. Section 38(2) was held inapplicable because there was no allegation of non-business or personal use. Depreciation was allowed to the assessee. - HC
Depreciation on machinery was disputed on the ground that certain units were not used during the relevant year. The court held that, post the "block of assets" regime, depreciation is allowable with reference to the block as a whole, and not asset-wise or unit-wise; once the assessee continues its business, the block is treated as "put to use," and non-use of particular assets within the block does not defeat the claim. Section 38(2) was held inapplicable because there was no allegation of non-business or personal use. Depreciation was allowed to the assessee. - HC
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