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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Justification of upholding the penalty imposed u/s 51(7)(b) for goods imported from an excise duty-exempt state on the ground of undervaluation based on MRP provisions under the Central Excise Act. The court held that the invoices were issued by the manufacturer in the excise duty-exempt state, leading to a lower purchase price. Merely because the MRP was higher, it cannot be presumed that the invoices were undervalued. The dealer would further sell the goods to distributors, and a lower sale price does not necessarily imply tax evasion. Imposing a penalty based on such presumption would be an exercise of arbitrary power. Additionally, the court ruled that the power to impose penalties u/s 51(7)(b) should be exercised by the assessing authority after determining the actual valuation, not during roadside checking. The questions were answered in favor of the assessee.
Justification of upholding the penalty imposed u/s 51(7)(b) for goods imported from an excise duty-exempt state on the ground of undervaluation based on MRP provisions under the Central Excise Act. The court held that the invoices were issued by the manufacturer in the excise duty-exempt state, leading to a lower purchase price. Merely because the MRP was higher, it cannot be presumed that the invoices were undervalued. The dealer would further sell the goods to distributors, and a lower sale price does not necessarily imply tax evasion. Imposing a penalty based on such presumption would be an exercise of arbitrary power. Additionally, the court ruled that the power to impose penalties u/s 51(7)(b) should be exercised by the assessing authority after determining the actual valuation, not during roadside checking. The questions were answered in favor of the assessee.
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