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 Appellate Tribunal dismissed the assessee's appeal regarding the revision u/s 263 concerning unsecured loans received. The Principal Commissioner found that the Assessing Officer did not properly verify the unsecured loans, and the assessee failed to provide relevant documents for verification. The Tribunal held that the Assessing Officer's addition of 10% of the unsecured loan lacked basis and application of mind u/s 68. However, the revisional order pertained to the remaining unverified unsecured loan creditors, where the Assessing Officer erred by not conducting proper verification, prejudicing revenue interests. Mere document submission did not satisfy Section 263 requirements. The assessee's reliance on a distinguishable case was rejected, as the issue of verification remained unaddressed by the Assessing Officer in the impugned assessment.
The Appellate Tribunal dismissed the assessee's appeal regarding the revision u/s 263 concerning unsecured loans received. The Principal Commissioner found that the Assessing Officer did not properly verify the unsecured loans, and the assessee failed to provide relevant documents for verification. The Tribunal held that the Assessing Officer's addition of 10% of the unsecured loan lacked basis and application of mind u/s 68. However, the revisional order pertained to the remaining unverified unsecured loan creditors, where the Assessing Officer erred by not conducting proper verification, prejudicing revenue interests. Mere document submission did not satisfy Section 263 requirements. The assessee's reliance on a distinguishable case was rejected, as the issue of verification remained unaddressed by the Assessing Officer in the impugned assessment.
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