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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Penalty u/s 270A levied for assessee's willful misreporting of income by claiming both capital expenses and depreciation as application of income. ITAT held mens rea not essential for imposing penalties under civil acts like Income Tax Act. Contravention sufficient to attract penalty irrespective of intention behind it as per precedent in Dharmendra Textile Processors. Assessee's failure to rectify mistake by revising return voluntarily also noted. Order of CIT(A)/NFAC set aside, AO's order levying penalty u/s 270A sustained by allowing Revenue's appeal.
Penalty u/s 270A levied for assessee's willful misreporting of income by claiming both capital expenses and depreciation as application of income. ITAT held mens rea not essential for imposing penalties under civil acts like Income Tax Act. Contravention sufficient to attract penalty irrespective of intention behind it as per precedent in Dharmendra Textile Processors. Assessee's failure to rectify mistake by revising return voluntarily also noted. Order of CIT(A)/NFAC set aside, AO's order levying penalty u/s 270A sustained by allowing Revenue's appeal.
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