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 assessee's appeal regarding additions under Section 68 for unsecured loans and sundry creditors. For unsecured loans, the AO erroneously stated that the lender failed to respond to Section 133(6) notice, when evidence showed the lender had actually filed responses, provided bank details, and ledger accounts. The lender's income tax return further established creditworthiness. Regarding sundry creditors, ITAT held that outstanding credit balances from previous financial years cannot be taxed in the current assessment year under Section 68, following precedents from Bombay HC and ITAT Surat. The additions were made without reasonable basis as the sundry creditors represented opening balances from earlier years, not current year transactions requiring explanation.
ITAT allowed the assessee's appeal regarding additions under Section 68 for unsecured loans and sundry creditors. For unsecured loans, the AO erroneously stated that the lender failed to respond to Section 133(6) notice, when evidence showed the lender had actually filed responses, provided bank details, and ledger accounts. The lender's income tax return further established creditworthiness. Regarding sundry creditors, ITAT held that outstanding credit balances from previous financial years cannot be taxed in the current assessment year under Section 68, following precedents from Bombay HC and ITAT Surat. The additions were made without reasonable basis as the sundry creditors represented opening balances from earlier years, not current year transactions requiring explanation.
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