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 upheld the PCIT's revisionary order under Section 263, directing the AO to conduct a comprehensive examination of unsecured loans. The tribunal found the original assessment order deficient, as the AO failed to thoroughly investigate the three critical aspects of cash credits: identity, creditworthiness, and transaction genuineness. Despite the assessee providing confirmation letters, the AO did not perform requisite due diligence by examining financial statements, income tax returns, or verifying the transaction's nature. The tribunal rejected the assessee's contention regarding Section 153D approval, noting the assessment order did not adequately address unsecured loans. Consequently, the appeal was dismissed, mandating a detailed reassessment of the loan transactions.
ITAT upheld the PCIT's revisionary order under Section 263, directing the AO to conduct a comprehensive examination of unsecured loans. The tribunal found the original assessment order deficient, as the AO failed to thoroughly investigate the three critical aspects of cash credits: identity, creditworthiness, and transaction genuineness. Despite the assessee providing confirmation letters, the AO did not perform requisite due diligence by examining financial statements, income tax returns, or verifying the transaction's nature. The tribunal rejected the assessee's contention regarding Section 153D approval, noting the assessment order did not adequately address unsecured loans. Consequently, the appeal was dismissed, mandating a detailed reassessment of the loan transactions.
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