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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AT allowed appeal and confirmed attachment of respondent chartered accountant's bank account containing Rs. 3,34,585.89. Respondent claimed funds represented legitimate professional fees for issuing project completion certificates to Tayal Group companies. AT rejected good faith defense, finding respondent professionally negligent in relying on fabricated documents supplied by loan defaulters without independent verification. Such negligence enabled bank fraud against UCO Bank and constituted either blind faith or collusion with accused persons. AT held professional negligence cannot justify claiming attached amounts as legitimate fees. Adjudicating Authority erred in refusing to confirm provisional attachment order based solely on professional fees argument without considering underlying negligence. Funds prima facie represented proceeds of crime under money laundering provisions.
AT allowed appeal and confirmed attachment of respondent chartered accountant's bank account containing Rs. 3,34,585.89. Respondent claimed funds represented legitimate professional fees for issuing project completion certificates to Tayal Group companies. AT rejected good faith defense, finding respondent professionally negligent in relying on fabricated documents supplied by loan defaulters without independent verification. Such negligence enabled bank fraud against UCO Bank and constituted either blind faith or collusion with accused persons. AT held professional negligence cannot justify claiming attached amounts as legitimate fees. Adjudicating Authority erred in refusing to confirm provisional attachment order based solely on professional fees argument without considering underlying negligence. Funds prima facie represented proceeds of crime under money laundering provisions.
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