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 AT upheld the provisional attachment order under the PBPTA, concluding that the transactions constituted benami arrangements rather than genuine sales. The appellants' contention that absence of cash during search negates the allegations was rejected, as concealment prior to search was plausible. The Tribunal held that fictitious transactions involving accommodation entries to route unaccounted demonetized currency qualify as benami arrangements. The failure to verify purchaser details in retail bullion sales did not vitiate the proceedings. The non-consideration of Income Tax assessments was deemed irrelevant to PBPTA proceedings. Retraction of statements by certain appellants was dismissed as afterthoughts, consistent with Supreme Court precedents. Consequently, the appellants failed to establish their claims, and the appeals were dismissed for lack of merit.
The AT upheld the provisional attachment order under the PBPTA, concluding that the transactions constituted benami arrangements rather than genuine sales. The appellants' contention that absence of cash during search negates the allegations was rejected, as concealment prior to search was plausible. The Tribunal held that fictitious transactions involving accommodation entries to route unaccounted demonetized currency qualify as benami arrangements. The failure to verify purchaser details in retail bullion sales did not vitiate the proceedings. The non-consideration of Income Tax assessments was deemed irrelevant to PBPTA proceedings. Retraction of statements by certain appellants was dismissed as afterthoughts, consistent with Supreme Court precedents. Consequently, the appellants failed to establish their claims, and the appeals were dismissed for lack of merit.
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