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 pertains to the transfer of assessment proceedings u/s 127 from Coimbatore to the Central Circle in Kolkata. The respondents seized incriminating materials during a search at the petitioner's place of business in Kolkata, indicating involvement in lottery business and tax evasion within Kolkata's jurisdiction. Despite the petitioner's registered office being in Coimbatore, the respondents transferred the case to Kolkata as the seized materials directly linked the petitioner to business activities there. The petitioner objected, citing difficulties like age, litigation costs, and document availability in Coimbatore. However, the court held that since the incriminating evidence was found in Kolkata relating to the petitioner's business there, it was appropriate to transfer the case to the Kolkata Circle for assessment, irrespective of the registered office location. Section 127 empowers such transfers based on the circumstances. Transferring to Coimbatore would be impractical without access to relevant materials. No prejudice was caused as only a jurisdictional transfer occurred without any adverse assessment orders. The court dismissed the writ petition, upholding the notification transferring the case to Kolkata.
The case pertains to the transfer of assessment proceedings u/s 127 from Coimbatore to the Central Circle in Kolkata. The respondents seized incriminating materials during a search at the petitioner's place of business in Kolkata, indicating involvement in lottery business and tax evasion within Kolkata's jurisdiction. Despite the petitioner's registered office being in Coimbatore, the respondents transferred the case to Kolkata as the seized materials directly linked the petitioner to business activities there. The petitioner objected, citing difficulties like age, litigation costs, and document availability in Coimbatore. However, the court held that since the incriminating evidence was found in Kolkata relating to the petitioner's business there, it was appropriate to transfer the case to the Kolkata Circle for assessment, irrespective of the registered office location. Section 127 empowers such transfers based on the circumstances. Transferring to Coimbatore would be impractical without access to relevant materials. No prejudice was caused as only a jurisdictional transfer occurred without any adverse assessment orders. The court dismissed the writ petition, upholding the notification transferring the case to Kolkata.
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