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 SC held that the appellant's sale of goods to the State warehouse constituted an entry of goods into the local area under Sections 3(1), 2(1)(aa), 2(1)(b), and 2(3) of the M.P. Entry Tax Act, 1976, thereby attracting entry tax liability. The Court rejected the appellant's argument that the State warehouse's status as a dealer negated their liability, affirming that two independent transactions occurred: one between the manufacturer and the warehouse, and another between the warehouse and retailers. The role of the State warehouse was not merely supervisory; it purchased goods from the manufacturer, occasioning the entry tax. The Court further clarified that the presence of an intermediary does not render the sale inseverable unless a direct and inseparable link exists. Consequently, the appeal was dismissed, confirming the validity of the State's demand for entry tax payment by the appellant.
The SC held that the appellant's sale of goods to the State warehouse constituted an entry of goods into the local area under Sections 3(1), 2(1)(aa), 2(1)(b), and 2(3) of the M.P. Entry Tax Act, 1976, thereby attracting entry tax liability. The Court rejected the appellant's argument that the State warehouse's status as a dealer negated their liability, affirming that two independent transactions occurred: one between the manufacturer and the warehouse, and another between the warehouse and retailers. The role of the State warehouse was not merely supervisory; it purchased goods from the manufacturer, occasioning the entry tax. The Court further clarified that the presence of an intermediary does not render the sale inseverable unless a direct and inseparable link exists. Consequently, the appeal was dismissed, confirming the validity of the State's demand for entry tax payment by the appellant.
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