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 deletion of additions relating to contingent liabilities and bogus purchases, as the assessee furnished requisite party-wise details and confirmations during appellate and remand proceedings, which the AO verified and accepted. Regarding the loan processing fee, the Tribunal set aside the issue to the AO for fresh examination of the loan's purpose, directing that if the loan was for capital asset acquisition, the fee should be capitalized, but if for working capital, it should be allowed as a revenue expense. Similarly, the disallowance of interest under section 57 was set aside for reassessment, with the AO instructed to determine whether share investments were made from borrowings or own funds, providing the assessee an opportunity to present evidence. The Revenue's grounds were partly allowed for statistical purposes, with remand directions for detailed fact-finding.
The ITAT upheld the deletion of additions relating to contingent liabilities and bogus purchases, as the assessee furnished requisite party-wise details and confirmations during appellate and remand proceedings, which the AO verified and accepted. Regarding the loan processing fee, the Tribunal set aside the issue to the AO for fresh examination of the loan's purpose, directing that if the loan was for capital asset acquisition, the fee should be capitalized, but if for working capital, it should be allowed as a revenue expense. Similarly, the disallowance of interest under section 57 was set aside for reassessment, with the AO instructed to determine whether share investments were made from borrowings or own funds, providing the assessee an opportunity to present evidence. The Revenue's grounds were partly allowed for statistical purposes, with remand directions for detailed fact-finding.
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