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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ITAT adjudicated a dispute regarding capital gains taxation, specifically addressing the set-off of non-grandfathered short-term and long-term capital losses against grandfathered long-term capital gains under the India-Mauritius Double Taxation Avoidance Agreement. The tribunal ruled that long-term capital gains from grandfathered transactions under Article 13(4) cannot be adjusted against the assessee's capital losses. The Appellate Tribunal directed the Assessing Officer to grant full exemption for the grandfathered long-term capital gains and permit carry-forward of capital losses to subsequent years in accordance with statutory provisions, ultimately allowing the assessee's appeal.
ITAT adjudicated a dispute regarding capital gains taxation, specifically addressing the set-off of non-grandfathered short-term and long-term capital losses against grandfathered long-term capital gains under the India-Mauritius Double Taxation Avoidance Agreement. The tribunal ruled that long-term capital gains from grandfathered transactions under Article 13(4) cannot be adjusted against the assessee's capital losses. The Appellate Tribunal directed the Assessing Officer to grant full exemption for the grandfathered long-term capital gains and permit carry-forward of capital losses to subsequent years in accordance with statutory provisions, ultimately allowing the assessee's appeal.
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