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 case revolves around the cancellation of registration u/s 12AB and whether the trust's activities qualify as charitable or not. The Commissioner invoked Section 13(1)(b) to deny registration, citing that the trust deed's objects seem restricted to benefiting a particular religious community, the Jain community. However, the Tribunal observed that the Commissioner considered only one clause (F) and overlooked other clauses mentioning medical help to needy patients (G), educational, occupational, and medical aid (E), welfare activities for the general public's upliftment (D), etc. The Tribunal held that rejecting registration based solely on one clause is improper, as the trust's objects are not confined to benefiting only the Jain community. The matter was remanded to the Commissioner for fresh consideration after providing adequate opportunity of hearing to the assessee. The assessee's appeal was allowed for statistical purposes.
The case revolves around the cancellation of registration u/s 12AB and whether the trust's activities qualify as charitable or not. The Commissioner invoked Section 13(1)(b) to deny registration, citing that the trust deed's objects seem restricted to benefiting a particular religious community, the Jain community. However, the Tribunal observed that the Commissioner considered only one clause (F) and overlooked other clauses mentioning medical help to needy patients (G), educational, occupational, and medical aid (E), welfare activities for the general public's upliftment (D), etc. The Tribunal held that rejecting registration based solely on one clause is improper, as the trust's objects are not confined to benefiting only the Jain community. The matter was remanded to the Commissioner for fresh consideration after providing adequate opportunity of hearing to the assessee. The assessee's appeal was allowed for statistical purposes.
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