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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ITAT ruled against double taxation of personal credit card expenses initially disallowed under s.37(1) in company's returns. Where company had already acknowledged personal nature of director's credit card payments and voluntarily disallowed them while computing business income, these amounts cannot be taxed again as perquisite under s.2(24)(iv) in director's hands. The director received no additional benefit since company had already borne tax liability on disallowed expenses. AO's addition was deemed unjustified as it constituted double taxation. Earlier precedents cited by CIT(A) were distinguished, as those cases involved companies that had not disallowed such expenses under s.37(1). Appeal resolved in assessee-director's favor.
ITAT ruled against double taxation of personal credit card expenses initially disallowed under s.37(1) in company's returns. Where company had already acknowledged personal nature of director's credit card payments and voluntarily disallowed them while computing business income, these amounts cannot be taxed again as perquisite under s.2(24)(iv) in director's hands. The director received no additional benefit since company had already borne tax liability on disallowed expenses. AO's addition was deemed unjustified as it constituted double taxation. Earlier precedents cited by CIT(A) were distinguished, as those cases involved companies that had not disallowed such expenses under s.37(1). Appeal resolved in assessee-director's favor.
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