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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Reassessment initiated within four years was upheld because, under the then-applicable s.151, sanction by the Addl. CIT was competent; the later amendment requiring PCIT approval from 01.04.2021 was held inapplicable, so the challenge to reopening failed. Addition of bank deposits as unexplained money under s.69 was remanded since the claim of linkage to professional receipts, prior cash withdrawals, third-party funds, and loans was not verified; the AO must re-examine after hearing the assessee. Notional rent on multiple properties was partly set aside: properties sold/used for profession and properties already yielding disclosed rent could not be subjected to further notional rent, while valuation for remaining properties must be based on municipal circle rates; matter remanded. LTCG computation was remanded for verification of acquisition/improvement costs on evidence. - ITAT
Reassessment initiated within four years was upheld because, under the then-applicable s.151, sanction by the Addl. CIT was competent; the later amendment requiring PCIT approval from 01.04.2021 was held inapplicable, so the challenge to reopening failed. Addition of bank deposits as unexplained money under s.69 was remanded since the claim of linkage to professional receipts, prior cash withdrawals, third-party funds, and loans was not verified; the AO must re-examine after hearing the assessee. Notional rent on multiple properties was partly set aside: properties sold/used for profession and properties already yielding disclosed rent could not be subjected to further notional rent, while valuation for remaining properties must be based on municipal circle rates; matter remanded. LTCG computation was remanded for verification of acquisition/improvement costs on evidence. - ITAT
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