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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HC held that assignment of leasehold rights of an industrial plot by a lessee to a third party for a lump-sum consideration does not constitute a supply under GST regulations. The court determined that such a transaction involving transfer of immovable property benefits falls outside the scope of Section 7(1)(a) of CGST Act and is not subject to CGST levy under Section 9. The court consequently invalidated the Show Cause Notice issued to the petitioner, effectively ruling in favor of the petitioner and exempting the transaction from GST implications.
HC held that assignment of leasehold rights of an industrial plot by a lessee to a third party for a lump-sum consideration does not constitute a supply under GST regulations. The court determined that such a transaction involving transfer of immovable property benefits falls outside the scope of Section 7(1)(a) of CGST Act and is not subject to CGST levy under Section 9. The court consequently invalidated the Show Cause Notice issued to the petitioner, effectively ruling in favor of the petitioner and exempting the transaction from GST implications.
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