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...
Intra-group services closely linked to core business operations may be benchmarked together under TNMM; where facts and the business model remain unchanged, earlier transfer-pricing treatment should be followed despite pending departmental appeals. The related transfer-pricing adjustments and connected branch-office expenditure and depreciation/depletion disallowances were accordingly deleted or allowed. Arm's-length interest on external commercial borrowings required fresh determination by the AO/TPO. Site-restoration costs incurred to discharge a contractual decommissioning obligation were allowable business expenditure despite utilisation of a provision. Refund interest depended on verification of issuance and encashment; TDS credit required verification of corresponding income; and interest for filing and advance-tax defaults could not apply where withholding covered total tax liability.
Intra-group services closely linked to core business operations may be benchmarked together under TNMM; where facts and the business model remain unchanged, earlier transfer-pricing treatment should be followed despite pending departmental appeals. The related transfer-pricing adjustments and connected branch-office expenditure and depreciation/depletion disallowances were accordingly deleted or allowed. Arm's-length interest on external commercial borrowings required fresh determination by the AO/TPO. Site-restoration costs incurred to discharge a contractual decommissioning obligation were allowable business expenditure despite utilisation of a provision. Refund interest depended on verification of issuance and encashment; TDS credit required verification of corresponding income; and interest for filing and advance-tax defaults could not apply where withholding covered total tax liability.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
