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 the issue of claiming deduction u/s 54F for Long-Term Capital Gains. The Tribunal found that the property in question, primarily used for religious purposes, did not meet the definition of a residential house as per the IT Act. While a report suggested residential use on the 3rd floor, the assessee's statement contradicted this, indicating use for religious and staff purposes. As the property was not utilized for residential purposes within the specified time and lacked evidence of investment in residential construction, the deduction was denied. Section 54F does not allow for pro-rata deduction, especially in cases where a residence cannot be established in a religious building. The Revenue's appeal was allowed, upholding the AO's decision.
The Appellate Tribunal addressed the issue of claiming deduction u/s 54F for Long-Term Capital Gains. The Tribunal found that the property in question, primarily used for religious purposes, did not meet the definition of a residential house as per the IT Act. While a report suggested residential use on the 3rd floor, the assessee's statement contradicted this, indicating use for religious and staff purposes. As the property was not utilized for residential purposes within the specified time and lacked evidence of investment in residential construction, the deduction was denied. Section 54F does not allow for pro-rata deduction, especially in cases where a residence cannot be established in a religious building. The Revenue's appeal was allowed, upholding the AO's decision.
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