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 ITAT held that the assessee's long-term capital gains (LTCG) from sale of shares could not be treated as bogus or manipulated. The Investigation Wing's report was generalized, and the AO failed to establish that the assessee's transactions were part of any price manipulation. The assessee provided evidence of purchase, sale, payment, and demat entries, which were not doubted. The ITAT relied on the Delhi High Court's decision in PCIT vs. Smt. Krishna Devi, where mere increase in share prices and weak company fundamentals were held insufficient to disbelieve declared capital gains. Consequently, the addition u/s 68 was deleted.
The ITAT held that the assessee's long-term capital gains (LTCG) from sale of shares could not be treated as bogus or manipulated. The Investigation Wing's report was generalized, and the AO failed to establish that the assessee's transactions were part of any price manipulation. The assessee provided evidence of purchase, sale, payment, and demat entries, which were not doubted. The ITAT relied on the Delhi High Court's decision in PCIT vs. Smt. Krishna Devi, where mere increase in share prices and weak company fundamentals were held insufficient to disbelieve declared capital gains. Consequently, the addition u/s 68 was deleted.
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