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 ruled that the petitioner, a charitable hospital, is exempt from tax under the Madhya Pradesh Commercial Tax Act, 1994 for medicine supplies and canteen services. The Court distinguished this case from Cochin Port Trust, noting that unlike Kerala's law which includes persons selling goods "whether in the course of business or not," the MP Act only applies to persons "carrying on business." Following precedents from Gujarat and Kerala High Courts, the Court determined that supplying medicines and operating a canteen for patients' attendants were activities incidental to the charitable hospital's non-business operations, not independent business activities. The Court rejected the respondents' argument that profit generation automatically constituted business activity. Petition allowed.
The HC ruled that the petitioner, a charitable hospital, is exempt from tax under the Madhya Pradesh Commercial Tax Act, 1994 for medicine supplies and canteen services. The Court distinguished this case from Cochin Port Trust, noting that unlike Kerala's law which includes persons selling goods "whether in the course of business or not," the MP Act only applies to persons "carrying on business." Following precedents from Gujarat and Kerala High Courts, the Court determined that supplying medicines and operating a canteen for patients' attendants were activities incidental to the charitable hospital's non-business operations, not independent business activities. The Court rejected the respondents' argument that profit generation automatically constituted business activity. Petition allowed.
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