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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Commission paid to a promoter and full-time working director was held not deductible where the assessee failed to show a direct nexus between the payment and services separate from his ordinary duties. The Tribunal found that his day-to-day involvement in marketing and business development fell within his existing role, and that a turnover-linked commission capped in amount was not justified as an independent business outgo when salary and remuneration were already paid for the same work. Board and shareholder approval was not treated as conclusive, and the disallowance was restored.
Commission paid to a promoter and full-time working director was held not deductible where the assessee failed to show a direct nexus between the payment and services separate from his ordinary duties. The Tribunal found that his day-to-day involvement in marketing and business development fell within his existing role, and that a turnover-linked commission capped in amount was not justified as an independent business outgo when salary and remuneration were already paid for the same work. Board and shareholder approval was not treated as conclusive, and the disallowance was restored.
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