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 HC upheld the ITAT's decision to delete additions related to AMP expenditure incurred by the assessee for brand-building owned by an associated enterprise. The court determined that while Section 92B defines "international transaction" (expanded by Finance Act 2012's Explanation to include "use" of intangible property retroactively from April 2002), the Revenue failed to establish the existence of an actual transaction. The TPO erroneously relied solely on perceived excessive AMP expenditure and applied the Bright Line Test, which had been previously criticized in Maruti Suzuki. The deeming fiction introduced in Section 92B(2) was inapplicable due to the absence of a prior agreement and its prospective application from April 2015. The ITAT's decision required no interference.
The HC upheld the ITAT's decision to delete additions related to AMP expenditure incurred by the assessee for brand-building owned by an associated enterprise. The court determined that while Section 92B defines "international transaction" (expanded by Finance Act 2012's Explanation to include "use" of intangible property retroactively from April 2002), the Revenue failed to establish the existence of an actual transaction. The TPO erroneously relied solely on perceived excessive AMP expenditure and applied the Bright Line Test, which had been previously criticized in Maruti Suzuki. The deeming fiction introduced in Section 92B(2) was inapplicable due to the absence of a prior agreement and its prospective application from April 2015. The ITAT's decision required no interference.
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