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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Supply of Services - activity of holding of shares of subsidiary company by holding company - During the proceedings, the Central and State Governments issued clarifications stating that merely holding shares in a subsidiary company by a holding company should not be treated as a "supply of service" under GST. Based on these clarifications, the petitioner's counsel submitted that the activity of holding shares in a subsidiary by a holding company cannot be construed as "supply of service" as per GST law. - Accordingly, the High court held that the impugned order was illegal and arbitrary, as it wrongly classified holding shares in a subsidiary as "supply of service".
Supply of Services - activity of holding of shares of subsidiary company by holding company - During the proceedings, the Central and State Governments issued clarifications stating that merely holding shares in a subsidiary company by a holding company should not be treated as a "supply of service" under GST. Based on these clarifications, the petitioner's counsel submitted that the activity of holding shares in a subsidiary by a holding company cannot be construed as "supply of service" as per GST law. - Accordingly, the High court held that the impugned order was illegal and arbitrary, as it wrongly classified holding shares in a subsidiary as "supply of service".
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