Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
Addition u/s 56(2)(viib) r.w.r 11UA - excess premium charged - issuance of preference shares to the director/ex-director of the assessee company - The ITAT held that there was no justification for the A.O to have triggered the deeming provisions of Section 56(2)(viib) i.e a counter tax evasion provision - The ITAT addressed the valuation dispute, emphasizing the distinction between preference shares and equity shares, particularly focusing on their characteristics and the applicable methods for determining their FMV. It was noted that preference shares, due to their nature, could not be valued using the same method as equity shares. - Matter restored back for redetermine the FMV of the subject preference shares subject to the tribunal's observations recorded as regards the mistakes/infirmities.
Addition u/s 56(2)(viib) r.w.r 11UA - excess premium charged - issuance of preference shares to the director/ex-director of the assessee company - The ITAT held that there was no justification for the A.O to have triggered the deeming provisions of Section 56(2)(viib) i.e a counter tax evasion provision - The ITAT addressed the valuation dispute, emphasizing the distinction between preference shares and equity shares, particularly focusing on their characteristics and the applicable methods for determining their FMV. It was noted that preference shares, due to their nature, could not be valued using the same method as equity shares. - Matter restored back for redetermine the FMV of the subject preference shares subject to the tribunal's observations recorded as regards the mistakes/infirmities.
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