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 affirmed that despite no express provision in the Direct Tax Vivad se Vishwas Act, 2020, the Revenue is obligated to refund excess amounts within reasonable time following acceptance of declaration. In this case, the ACIT unreasonably delayed refund action from December 2021 until November 2023. The court determined it has authority to grant interest under Section 3 of the Interest Act, 1978, notwithstanding provisions in the Income Tax Act or the Vivad se Vishwas Act, when delay is solely attributable to Revenue's fault. Concurring with precedent that the State must compensate for wrongfully retaining and using funds, the HC upheld the Single Judge's decision ordering interest payment on the delayed refund amount.
The HC affirmed that despite no express provision in the Direct Tax Vivad se Vishwas Act, 2020, the Revenue is obligated to refund excess amounts within reasonable time following acceptance of declaration. In this case, the ACIT unreasonably delayed refund action from December 2021 until November 2023. The court determined it has authority to grant interest under Section 3 of the Interest Act, 1978, notwithstanding provisions in the Income Tax Act or the Vivad se Vishwas Act, when delay is solely attributable to Revenue's fault. Concurring with precedent that the State must compensate for wrongfully retaining and using funds, the HC upheld the Single Judge's decision ordering interest payment on the delayed refund amount.
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