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 High Court examined whether the assessee had constructed a residential house on agricultural land within the stipulated three-year period from the date of transfer of property to claim deduction u/s 54. The court held that the allowance is available if capital gains from the sale of a residential property are utilized for purchasing a residential property or constructing a residential house, implying raising a construction for inhabitation as a residential dwelling unit. The Inspector's report accepted by the ITAT revealed only makeshift guardrooms made of plywood sheets without electricity or water connection on the site. The court opined that putting together plywood sheets cannot be construed as constructing a residential house. The ITAT's findings were not perverse or manifestly erroneous, considering the description of the property. Therefore, no question of law arose for the court's consideration.
The High Court examined whether the assessee had constructed a residential house on agricultural land within the stipulated three-year period from the date of transfer of property to claim deduction u/s 54. The court held that the allowance is available if capital gains from the sale of a residential property are utilized for purchasing a residential property or constructing a residential house, implying raising a construction for inhabitation as a residential dwelling unit. The Inspector's report accepted by the ITAT revealed only makeshift guardrooms made of plywood sheets without electricity or water connection on the site. The court opined that putting together plywood sheets cannot be construed as constructing a residential house. The ITAT's findings were not perverse or manifestly erroneous, considering the description of the property. Therefore, no question of law arose for the court's consideration.
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