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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Retention of seized cash under Section 132B cannot continue after completion of the searched person's assessment where no demand remains against that person. Subsequent reassessment proceedings against a non-searched assessee, without a warrant of authorisation, do not permit continued withholding of cash accepted as belonging to that assessee. The cash must be released after adjustment against the assessee's tax liability. Interest calculated on the amount must remain in an interest-bearing deposit pending determination of entitlement to interest by a Larger Bench. Pending disposal of the appeal, retention beyond tax adjustment was prohibited.
Retention of seized cash under Section 132B cannot continue after completion of the searched person's assessment where no demand remains against that person. Subsequent reassessment proceedings against a non-searched assessee, without a warrant of authorisation, do not permit continued withholding of cash accepted as belonging to that assessee. The cash must be released after adjustment against the assessee's tax liability. Interest calculated on the amount must remain in an interest-bearing deposit pending determination of entitlement to interest by a Larger Bench. Pending disposal of the appeal, retention beyond tax adjustment was prohibited.
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