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 allowed the appeal, setting aside the CIT(A)'s order and deleting additions under Section 69. The tribunal found critical procedural and evidentiary defects in the assessment order, specifically noting that the Assessing Officer (AO) relied solely on an incomplete statement without seeking explanations from directors, failed to establish concrete evidence of unaccounted investments, and improperly concluded deposits were made by directors based on minor clerical errors in forms. The tribunal emphasized that the burden of proof lies with the revenue authority, which failed to substantiate allegations of undisclosed investments made by the assessee. The order was decided in favor of the assessee, effectively quashing the disputed tax additions.
ITAT allowed the appeal, setting aside the CIT(A)'s order and deleting additions under Section 69. The tribunal found critical procedural and evidentiary defects in the assessment order, specifically noting that the Assessing Officer (AO) relied solely on an incomplete statement without seeking explanations from directors, failed to establish concrete evidence of unaccounted investments, and improperly concluded deposits were made by directors based on minor clerical errors in forms. The tribunal emphasized that the burden of proof lies with the revenue authority, which failed to substantiate allegations of undisclosed investments made by the assessee. The order was decided in favor of the assessee, effectively quashing the disputed tax additions.
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