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 Appellate Tribunal addressed issues related to assessment u/ss 153A and 153C, emphasizing the necessity of incriminating material for additions. Following legal precedents, the Tribunal held that in the absence of such material, additions made by the Assessing Officer in an unabated assessment must be quashed. Additionally, the Tribunal ruled against an addition u/s 69C for bogus purchases, noting the capital nature of the expenditure and the purchases' relevance to a different financial year. It further clarified that sections 68 and 69C were inapplicable as the case pertained to expenditure, not unexplained credits. The Tribunal criticized the CIT(A) for broadening the charge without providing the assessee an opportunity to respond, leading to the allowance of the assessee's appeal.
The Appellate Tribunal addressed issues related to assessment u/ss 153A and 153C, emphasizing the necessity of incriminating material for additions. Following legal precedents, the Tribunal held that in the absence of such material, additions made by the Assessing Officer in an unabated assessment must be quashed. Additionally, the Tribunal ruled against an addition u/s 69C for bogus purchases, noting the capital nature of the expenditure and the purchases' relevance to a different financial year. It further clarified that sections 68 and 69C were inapplicable as the case pertained to expenditure, not unexplained credits. The Tribunal criticized the CIT(A) for broadening the charge without providing the assessee an opportunity to respond, leading to the allowance of the assessee's appeal.
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