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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The ITAT upheld the assessee's entitlement to claim depreciation on leasehold improvements, affirming that the test of ownership is satisfied in such cases. However, regarding the addition of Rs. 4 crores to the sale consideration on the sale of shares, the Tribunal disagreed with the CIT(A)'s deletion of the addition. It held that the Rs. 4 crores was not a stipulated deduction under the contractual agreement, and the sale consideration was fixed at Rs. 16 crores without any provision for reduction by Rs. 4 crores. Consequently, the Tribunal set aside the CIT(A)'s order and confirmed the addition made by the AO. Grounds of appeal raised by the revenue on this issue were allowed, resulting in partial acceptance of the revenue's appeal and partial relief to the assessee.
The ITAT upheld the assessee's entitlement to claim depreciation on leasehold improvements, affirming that the test of ownership is satisfied in such cases. However, regarding the addition of Rs. 4 crores to the sale consideration on the sale of shares, the Tribunal disagreed with the CIT(A)'s deletion of the addition. It held that the Rs. 4 crores was not a stipulated deduction under the contractual agreement, and the sale consideration was fixed at Rs. 16 crores without any provision for reduction by Rs. 4 crores. Consequently, the Tribunal set aside the CIT(A)'s order and confirmed the addition made by the AO. Grounds of appeal raised by the revenue on this issue were allowed, resulting in partial acceptance of the revenue's appeal and partial relief to the assessee.
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