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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HC upheld amendments to Section 17(2)(ii) of IT Act regarding valuation of accommodation perquisites. Court affirmed legislature's authority to create legal fiction through explanations and establish limited retrospective application from April 1, 2006. Amendments prescribe specific valuation rates (15%, 10%, 7.5%) based on city population per 2001 census. Determination of perquisite value involves calculating difference between prescribed percentage of salary and actual rent paid. Court rejected challenges based on Article 14 violations, finding amendments constitutionally valid. Regarding banks' liability as "assesses in default," matter left open for future determination. Revenue authorities directed to consider interim orders prohibiting TDS during petition pendency and practical implications for retired bank employees.
HC upheld amendments to Section 17(2)(ii) of IT Act regarding valuation of accommodation perquisites. Court affirmed legislature's authority to create legal fiction through explanations and establish limited retrospective application from April 1, 2006. Amendments prescribe specific valuation rates (15%, 10%, 7.5%) based on city population per 2001 census. Determination of perquisite value involves calculating difference between prescribed percentage of salary and actual rent paid. Court rejected challenges based on Article 14 violations, finding amendments constitutionally valid. Regarding banks' liability as "assesses in default," matter left open for future determination. Revenue authorities directed to consider interim orders prohibiting TDS during petition pendency and practical implications for retired bank employees.
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