Tag: Related Party Transactions
Disallowance u/s 40(A)(2)(b) – Onus is on Assessing Officer to made comparable study In a recent judgment, ITAT has deleted disallowance u/s 40(A)(2)(b) towards payments to related parties and held that onus is on Assessing Officer to made comparable study to show unreasonableness ABCAUS Case Law Citation:ABCAUS 3937 …
Disallowance u/s 40A(2)(b) AO has to form opinion if expenses more than FMV according to legitimate needs of business. ABCAUS Case Law Citation:ABCAUS 3344 (2020) (07) ITAT Important case law relied upon by the parties:Flour Mills Vs. ACIT (2009) 314 ITR 1 (Guj.)CIT Vs. Shatrunjay Diamonds (2003) 261 …
MCA amends rules for related party transactions by companies requiring special resolution- Read Notification Rule 15 of the Companies (Meetings of Board and its Powers) Rules, 2014 provides the various percentage/criteria etc. for the purpose of proviso to section 188(1) of the Companies Act, 2013 related to transactions …
Disallowance u/s 40A(2)(b) merely for common Directors not sustainable. Invoking the section necessarily implies that such expenses are otherwise allowable – ITAT ABCAUS Case Law Citation: ABCAUS 2653 (2018) (11) ITAT Important Case Laws Cited/relied upon: CIT vs. Enviro Control Associate Pvt. Ltd. 43 taxman.com 291 The appellant …
Related Party Transactions special resolution requirement revised. Proviso to section 188(1) enlarged making it 10% or more. MCA Notification Section 188 of the Companies Act, 2013 deals with Related Party Transactions. Sub section (1) provides the type of transactions for which which a company can not enter without …
