Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
The High Court dismissed the appeals filed by the Revenue as withdrawn, holding that the appeals did not fall under the exception carved out in Circular No. 3.1(l) dated 15.03.2024. The Court ruled that the exception in Clause 3.1(l) applies only to cases where the deductor failed to deduct tax at source and the tax was sought to be recovered from the payer. However, in the present case, the issue pertained to the disallowance of expenses claimed by the assessee due to non-deduction of tax at source u/s 195. The Court clarified that litigation arising from regular assessments u/s 143(3) and failure to deduct tax at source are treated separately under the Act. Consequently, the enhanced monetary limits specified in the Circular applied retrospectively, rendering the tax effect in the appeals below the prescribed threshold, leading to their dismissal.
The High Court dismissed the appeals filed by the Revenue as withdrawn, holding that the appeals did not fall under the exception carved out in Circular No. 3.1(l) dated 15.03.2024. The Court ruled that the exception in Clause 3.1(l) applies only to cases where the deductor failed to deduct tax at source and the tax was sought to be recovered from the payer. However, in the present case, the issue pertained to the disallowance of expenses claimed by the assessee due to non-deduction of tax at source u/s 195. The Court clarified that litigation arising from regular assessments u/s 143(3) and failure to deduct tax at source are treated separately under the Act. Consequently, the enhanced monetary limits specified in the Circular applied retrospectively, rendering the tax effect in the appeals below the prescribed threshold, leading to their dismissal.
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