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 deletion of additions under section 68, confirming that the assessee had successfully discharged the burden of proving identity, creditworthiness, and genuineness of shareholders' investments. The Court found that both appellate authorities had thoroughly examined available records and concurrently determined that the investors were existing shareholders with sufficient funds and properly disclosed past transactions. The HC declined to interfere with these findings, noting that while the AO had examined the materials, conclusions were recorded without supporting reasons, rendering such findings perverse. The Court affirmed the ITAT's reliance on CIT v. Divine Leasing & Finance Ltd. and dismissed the revenue's appeal.
The HC upheld the ITAT's deletion of additions under section 68, confirming that the assessee had successfully discharged the burden of proving identity, creditworthiness, and genuineness of shareholders' investments. The Court found that both appellate authorities had thoroughly examined available records and concurrently determined that the investors were existing shareholders with sufficient funds and properly disclosed past transactions. The HC declined to interfere with these findings, noting that while the AO had examined the materials, conclusions were recorded without supporting reasons, rendering such findings perverse. The Court affirmed the ITAT's reliance on CIT v. Divine Leasing & Finance Ltd. and dismissed the revenue's appeal.
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