Transfer pricing comparables and adjustments: Tribunal revisits loss-maker status, segmental comparability, working capital relief, and risk allocatio...
Business expenditure disallowance failed where commission, related-party salary and promotion payments were supported by records and inquiry was inade...
ITAT rejected the assessee's claim for deduction under Section 80IA, determining that the appellant did not qualify as a "developer" or "contractor" for infrastructure projects. The tribunal found no evidence of investment in the projects, and the agreements did not impose financial obligations on the assessee. The court emphasized that being a developer requires undertaking entrepreneurial and investment risks, which the assessee failed to demonstrate. Despite being contracted for design and completion work, the assessee could not substantiate the primary conditions for claiming the deduction. Consequently, the tribunal ruled against the assessee's tax benefit claim.
ITAT rejected the assessee's claim for deduction under Section 80IA, determining that the appellant did not qualify as a "developer" or "contractor" for infrastructure projects. The tribunal found no evidence of investment in the projects, and the agreements did not impose financial obligations on the assessee. The court emphasized that being a developer requires undertaking entrepreneurial and investment risks, which the assessee failed to demonstrate. Despite being contracted for design and completion work, the assessee could not substantiate the primary conditions for claiming the deduction. Consequently, the tribunal ruled against the assessee's tax benefit claim.
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