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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Input tax credit claimed on invoices issued by non-existent suppliers may attract Section 74 where the notice sets out foundational facts indicating fraud, wilful misstatement or suppression. The claimant must establish actual receipt and physical movement of goods; invoices and banking records alone do not prove transaction genuineness. A consolidated notice may cover multiple financial years because the statutory wording permits proceedings for connected periods. Conversely, reverse charge liability cannot be pursued under Section 74 merely from omissions when relevant expenses were disclosed in accounts and financial statements; deliberate non-disclosure is required. Input tax credit mismatch and reverse charge demands were sustained under Section 73 with consequential interest and penalty, while fraudulent credit demands were restored under Section 74.
Input tax credit claimed on invoices issued by non-existent suppliers may attract Section 74 where the notice sets out foundational facts indicating fraud, wilful misstatement or suppression. The claimant must establish actual receipt and physical movement of goods; invoices and banking records alone do not prove transaction genuineness. A consolidated notice may cover multiple financial years because the statutory wording permits proceedings for connected periods. Conversely, reverse charge liability cannot be pursued under Section 74 merely from omissions when relevant expenses were disclosed in accounts and financial statements; deliberate non-disclosure is required. Input tax credit mismatch and reverse charge demands were sustained under Section 73 with consequential interest and penalty, while fraudulent credit demands were restored under Section 74.
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