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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Section 12AB(4), as amended from 01.04.2022, does not authorise retrospective cancellation of charitable registration for earlier assessment years absent express legislative mandate. The Tribunal held that cancellation may operate only for the relevant previous year in which the specified violation is noticed and for subsequent years, not to reopen registration status for prior years. Applying this interpretation, the order cancelling registration from assessment year 2015-16 onwards was unsustainable and was set aside. The Tribunal also declined to examine the separate limitation plea relating to consequential assessment, as it was outside the scope of the appeal.
Section 12AB(4), as amended from 01.04.2022, does not authorise retrospective cancellation of charitable registration for earlier assessment years absent express legislative mandate. The Tribunal held that cancellation may operate only for the relevant previous year in which the specified violation is noticed and for subsequent years, not to reopen registration status for prior years. Applying this interpretation, the order cancelling registration from assessment year 2015-16 onwards was unsustainable and was set aside. The Tribunal also declined to examine the separate limitation plea relating to consequential assessment, as it was outside the scope of the appeal.
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