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 partially allowed the appeal, remanding the case for further examination. The tribunal found the share sale transaction suspicious due to significant price discrepancies between purchase and sale prices, with shares sold at Rs. 0.0035 per share compared to the original purchase price of Rs. 48.95. While the assessee argued the sale was part of a Joint Lenders Forum requirement and involved negotiated transactions among promoters, the tribunal noted insufficient justification for the abnormally low sale price. The order directs the lower authority to comprehensively examine the facts, verify the transaction's legitimacy, and reassess the capital loss claim in accordance with applicable regulations and legal principles.
ITAT partially allowed the appeal, remanding the case for further examination. The tribunal found the share sale transaction suspicious due to significant price discrepancies between purchase and sale prices, with shares sold at Rs. 0.0035 per share compared to the original purchase price of Rs. 48.95. While the assessee argued the sale was part of a Joint Lenders Forum requirement and involved negotiated transactions among promoters, the tribunal noted insufficient justification for the abnormally low sale price. The order directs the lower authority to comprehensively examine the facts, verify the transaction's legitimacy, and reassess the capital loss claim in accordance with applicable regulations and legal principles.
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