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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Non-grant of credit of TDS due to deductor's failure to deposit tax with the government - HELD: No discrepancy found in assessee's documents. No independent verification done from deductor despite assessee providing complete details. Corresponding income declared by assessee. Denying TDS credit for deductor's failure to deposit tax contravenes Section 205. Once tax deducted, deductee cannot be penalized or demanded for TDS shortfall. Reliance placed on judicial pronouncements. CIT(A) erred in interpreting judgments. Inability to obtain Form 16A due to deductor's mischief cannot be basis to deny TDS credit or refund if assessee otherwise eligible. Issue decided in assessee's favor. Error in computing demand - issue allowed for statistical purposes for AO to verify facts and pass order accordingly.
Non-grant of credit of TDS due to deductor's failure to deposit tax with the government - HELD: No discrepancy found in assessee's documents. No independent verification done from deductor despite assessee providing complete details. Corresponding income declared by assessee. Denying TDS credit for deductor's failure to deposit tax contravenes Section 205. Once tax deducted, deductee cannot be penalized or demanded for TDS shortfall. Reliance placed on judicial pronouncements. CIT(A) erred in interpreting judgments. Inability to obtain Form 16A due to deductor's mischief cannot be basis to deny TDS credit or refund if assessee otherwise eligible. Issue decided in assessee's favor. Error in computing demand - issue allowed for statistical purposes for AO to verify facts and pass order accordingly.
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