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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Maintainability of appeal before HC - ITAT dismissed the appeal of the Revenue on the ground that tax effect does not exceed the monetary limit, i.e. tax effect of Rs. 50 lakhs as per the CBDT Circular - there is no iota of doubt that the order passed u/s 254(2) cannot be construed to be an order within the meaning of Section 260A to make it appealable before this Court. Rather, the order passed u/s 254(2) is not appealable one and the remedy is available by invoking Article 226 of the Constitution of India. - HC
Maintainability of appeal before HC - ITAT dismissed the appeal of the Revenue on the ground that tax effect does not exceed the monetary limit, i.e. tax effect of Rs. 50 lakhs as per the CBDT Circular - there is no iota of doubt that the order passed u/s 254(2) cannot be construed to be an order within the meaning of Section 260A to make it appealable before this Court. Rather, the order passed u/s 254(2) is not appealable one and the remedy is available by invoking Article 226 of the Constitution of India. - HC
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