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 followed HC decision reversing its earlier erroneous ruling that interest on enhanced compensation for agricultural land acquisition was non-taxable. The HC held that ITAT incorrectly applied pre-2010 law, ignoring legislative amendments under Finance (No.2) Act, 2009 effective 2010. The 2010 amendment under sections 145B, 45(5), and 56(2)(viii) constituted conscious legislative departure from earlier position, making interest on both compensation and enhanced compensation taxable as income from other sources. ITAT's reliance on pre-amendment precedent was legally unsustainable given statutory changes. HC answered substantial question of law affirmatively favoring Revenue, holding interest on enhanced compensation exigible to income tax under amended provisions. Revenue's appeal was allowed.
ITAT followed HC decision reversing its earlier erroneous ruling that interest on enhanced compensation for agricultural land acquisition was non-taxable. The HC held that ITAT incorrectly applied pre-2010 law, ignoring legislative amendments under Finance (No.2) Act, 2009 effective 2010. The 2010 amendment under sections 145B, 45(5), and 56(2)(viii) constituted conscious legislative departure from earlier position, making interest on both compensation and enhanced compensation taxable as income from other sources. ITAT's reliance on pre-amendment precedent was legally unsustainable given statutory changes. HC answered substantial question of law affirmatively favoring Revenue, holding interest on enhanced compensation exigible to income tax under amended provisions. Revenue's appeal was allowed.
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