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 held that profits arising from the slump sale of an SEZ unit, including land classified as a long-term capital asset, qualify for deduction under Section 54EC, subject to the capital gain arising from transfer of land or building. The Tribunal rejected the Pr. CIT's view that the entire business undertaking should be treated as a single asset, thereby disallowing the deduction. Since the slump sale included land with a book value reflected in Form 3CA, the assessee was entitled to claim the Section 54EC deduction to the extent of the capital gains attributable to the land. The Tribunal found no error in the Assessing Officer's allowance of Rs. 50 lakhs as deduction under Section 54EC and set aside the Pr. CIT's order that had disallowed the claim. The AO's order was restored and the assessee's appeal was allowed.
The ITAT held that profits arising from the slump sale of an SEZ unit, including land classified as a long-term capital asset, qualify for deduction under Section 54EC, subject to the capital gain arising from transfer of land or building. The Tribunal rejected the Pr. CIT's view that the entire business undertaking should be treated as a single asset, thereby disallowing the deduction. Since the slump sale included land with a book value reflected in Form 3CA, the assessee was entitled to claim the Section 54EC deduction to the extent of the capital gains attributable to the land. The Tribunal found no error in the Assessing Officer's allowance of Rs. 50 lakhs as deduction under Section 54EC and set aside the Pr. CIT's order that had disallowed the claim. The AO's order was restored and the assessee's appeal was allowed.
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