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 determined the proper basis for stamp duty levy in a demerger scheme. The Collector of Stamps erroneously computed duty on the net worth of the demerged undertaking, contrary to Article 25 (da) (ii) of the Maharashtra Stamp Act. The court held that stamp duty must be calculated based on the market value of shares issued and allotted, plus any consideration paid. Since no separate consideration was involved, the value of shares allotted to equity shareholders constitutes the entire transaction consideration. The HC ruled that the statutory formula must be strictly followed, rejecting the use of enterprise value or net worth as a basis for stamp duty calculation. Petition was allowed, directing recalculation of stamp duty in accordance with the prescribed statutory method.
HC determined the proper basis for stamp duty levy in a demerger scheme. The Collector of Stamps erroneously computed duty on the net worth of the demerged undertaking, contrary to Article 25 (da) (ii) of the Maharashtra Stamp Act. The court held that stamp duty must be calculated based on the market value of shares issued and allotted, plus any consideration paid. Since no separate consideration was involved, the value of shares allotted to equity shareholders constitutes the entire transaction consideration. The HC ruled that the statutory formula must be strictly followed, rejecting the use of enterprise value or net worth as a basis for stamp duty calculation. Petition was allowed, directing recalculation of stamp duty in accordance with the prescribed statutory method.
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