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 professional stock broker, claimed loss on trading of shares which was disallowed by the Assessing Officer (AO) on the grounds that the trades were not genuine business transactions, but part of accommodation entries to manipulate share prices. The Tribunal upheld the disallowance, observing that the assessee invested in shares of three companies with no financial standing, deliberately sold those shares incurring losses, and failed to provide any explanation for such transactions. The modus operandi unearthed by tax authorities, the assessee's knowledge as a stock broker, and involvement of penny stock companies pointed towards systematic booking of bogus losses. Relying on a precedent case, the Tribunal held that the assessee failed to prove genuineness of transactions, and the losses were arranged to convert unaccounted money. Regarding shares of Gujarat Meditech Ltd, the Tribunal noted limited trading and sellers, further substantiating the bogus nature of shares and disallowance of loss. Consequently, the assessee's appeal was dismissed.
The assessee, a professional stock broker, claimed loss on trading of shares which was disallowed by the Assessing Officer (AO) on the grounds that the trades were not genuine business transactions, but part of accommodation entries to manipulate share prices. The Tribunal upheld the disallowance, observing that the assessee invested in shares of three companies with no financial standing, deliberately sold those shares incurring losses, and failed to provide any explanation for such transactions. The modus operandi unearthed by tax authorities, the assessee's knowledge as a stock broker, and involvement of penny stock companies pointed towards systematic booking of bogus losses. Relying on a precedent case, the Tribunal held that the assessee failed to prove genuineness of transactions, and the losses were arranged to convert unaccounted money. Regarding shares of Gujarat Meditech Ltd, the Tribunal noted limited trading and sellers, further substantiating the bogus nature of shares and disallowance of loss. Consequently, the assessee's appeal was dismissed.
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