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 ITAT ruled that the appellant organization qualifies for exemption under sections 11 and 12 of the Income Tax Act, finding that the proviso to section 2(15) does not apply. The Tribunal determined that the appellant's activities do not constitute trade, commerce, or business, nor does it render services related to such activities. The organization merely provides a platform facilitating import/export of diamonds and precious stones, functioning as a trade promotion body. The ITAT noted that the appellant's receipts represent cost reimbursements without excessive markup. Since no material evidence demonstrated the appellant was engaged in commercial activities or charging fees exceeding costs incurred, the Tribunal allowed the appeal, confirming the organization's charitable status and eligibility for tax exemption.
The ITAT ruled that the appellant organization qualifies for exemption under sections 11 and 12 of the Income Tax Act, finding that the proviso to section 2(15) does not apply. The Tribunal determined that the appellant's activities do not constitute trade, commerce, or business, nor does it render services related to such activities. The organization merely provides a platform facilitating import/export of diamonds and precious stones, functioning as a trade promotion body. The ITAT noted that the appellant's receipts represent cost reimbursements without excessive markup. Since no material evidence demonstrated the appellant was engaged in commercial activities or charging fees exceeding costs incurred, the Tribunal allowed the appeal, confirming the organization's charitable status and eligibility for tax exemption.
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