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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Assessment u/s 153C - undisclosed receipts as allegedly received by the assessee - reliance on the statement of persons (from whose possession the material was seized) - The Tribunal agreed with the CIT(A) that the seized material did not directly link the assessee to the undocumented income without corroborative evidence. It emphasized the need for corroborative evidence to attribute the entries in the seized documents to the assessee and noted the lack thereof. - The Tribunal acknowledged the importance of sworn statements under section 132(4) but also recognized the significant impact of their retraction, especially when the retraction claims coercion or pressure. It concurred that statements retracted should not be solely relied upon without corroborative evidence.
Assessment u/s 153C - undisclosed receipts as allegedly received by the assessee - reliance on the statement of persons (from whose possession the material was seized) - The Tribunal agreed with the CIT(A) that the seized material did not directly link the assessee to the undocumented income without corroborative evidence. It emphasized the need for corroborative evidence to attribute the entries in the seized documents to the assessee and noted the lack thereof. - The Tribunal acknowledged the importance of sworn statements under section 132(4) but also recognized the significant impact of their retraction, especially when the retraction claims coercion or pressure. It concurred that statements retracted should not be solely relied upon without corroborative evidence.
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