Transfer pricing comparables and adjustments: Tribunal revisits loss-maker status, segmental comparability, working capital relief, and risk allocatio...
Business expenditure disallowance failed where commission, related-party salary and promotion payments were supported by records and inquiry was inade...
Indexed cost of construction and land was allowed in capital gains computation where the registered sale deed and its annexure already contained the relevant building particulars. The tribunal held that the annexure formed an integral part of the public document, so those details were not "additional evidence" requiring Rule 46A compliance. It further held that indexation under section 48 is a statutory consequence and cannot be denied on hyper-technical grounds when the material necessary to determine cost is already on record. The capital gains were therefore required to be recomputed, and treating the entire sale consideration as short-term capital gain was unsustainable.
Indexed cost of construction and land was allowed in capital gains computation where the registered sale deed and its annexure already contained the relevant building particulars. The tribunal held that the annexure formed an integral part of the public document, so those details were not "additional evidence" requiring Rule 46A compliance. It further held that indexation under section 48 is a statutory consequence and cannot be denied on hyper-technical grounds when the material necessary to determine cost is already on record. The capital gains were therefore required to be recomputed, and treating the entire sale consideration as short-term capital gain was unsustainable.
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