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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The CESTAT, an Appellate Tribunal, ruled on a valuation issue regarding the inclusion of reimbursable amounts in addition to charges collected for a service. The appellant had specific agreements with clients classifying charges as pure agency services. The adjudicating authority certified the charges as pure agents based on a Chartered Accountants Certificate. The department failed to provide evidence against the reimbursement being for pure agency services. The Chartered Accountants Certificate confirmed the reimbursement as collected by the appellant as pure agents. The review raised concerns about cross-verification of the certificate with primary documents. The Tribunal found no reason to doubt the certificate's genuineness and upheld the dropped demand. The appeal was dismissed, affirming the adjudicating authority's decision.
The CESTAT, an Appellate Tribunal, ruled on a valuation issue regarding the inclusion of reimbursable amounts in addition to charges collected for a service. The appellant had specific agreements with clients classifying charges as pure agency services. The adjudicating authority certified the charges as pure agents based on a Chartered Accountants Certificate. The department failed to provide evidence against the reimbursement being for pure agency services. The Chartered Accountants Certificate confirmed the reimbursement as collected by the appellant as pure agents. The review raised concerns about cross-verification of the certificate with primary documents. The Tribunal found no reason to doubt the certificate's genuineness and upheld the dropped demand. The appeal was dismissed, affirming the adjudicating authority's decision.
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