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 assessee, a company engaged in development/construction and sale of flats and plots, had classified its properties into four categories: flats open for sale, let-out flats, self-occupied flats, and flats under litigation. The Tribunal upheld the exclusion of let-out properties from Annual Lettable Value (ALV) calculation, following its earlier orders. For properties under litigation, the issue was restored to the Assessing Officer to examine evidence for non-inclusion of ALV. For self-occupied properties, the Tribunal upheld the CIT(A)'s decision to exclude ALV, as per Section 22 of the Act. Regarding windmill income, the Tribunal directed the Assessing Officer to allow deduction for expenses incurred during the first three months, corresponding to the income taxed for that period. The Tribunal upheld the CIT(A)'s findings on slump sale and revenue clause. On basement ALV, the Tribunal upheld the CIT(A)'s estimation of 50% ALV due to restricted usage. The issue of disallowance of employees' PF/ESI contribution was restored to the Assessing Officer for fresh adjudication. The Tribunal allowed the revenue's ground on addition u/s 43CA, as the assessee did not contest it.
The assessee, a company engaged in development/construction and sale of flats and plots, had classified its properties into four categories: flats open for sale, let-out flats, self-occupied flats, and flats under litigation. The Tribunal upheld the exclusion of let-out properties from Annual Lettable Value (ALV) calculation, following its earlier orders. For properties under litigation, the issue was restored to the Assessing Officer to examine evidence for non-inclusion of ALV. For self-occupied properties, the Tribunal upheld the CIT(A)'s decision to exclude ALV, as per Section 22 of the Act. Regarding windmill income, the Tribunal directed the Assessing Officer to allow deduction for expenses incurred during the first three months, corresponding to the income taxed for that period. The Tribunal upheld the CIT(A)'s findings on slump sale and revenue clause. On basement ALV, the Tribunal upheld the CIT(A)'s estimation of 50% ALV due to restricted usage. The issue of disallowance of employees' PF/ESI contribution was restored to the Assessing Officer for fresh adjudication. The Tribunal allowed the revenue's ground on addition u/s 43CA, as the assessee did not contest it.
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