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 set aside the AO's valuation of the land at Rs. 3,621 per sq.yd. and directed adoption of Rs. 15,000 per sq.yd. as the cost of acquisition as of 01.04.2001, granting indexation benefit from that date. The AO's reduction of the covered area to 2,000 sq.ft. was rejected; the Tribunal upheld the covered area at 3,302.51 sq.ft. as per the site plan and draft order. The cost of construction was fixed at Rs. 821 per sq.ft. based on the Registered Valuer's report, rejecting the DVO's lower rate. The AO was directed to recompute Long Term Capital Gain incorporating these findings: land area at 528.125 sq.yd., land cost at Rs. 15,000 per sq.yd., and construction cost at Rs. 821 per sq.ft. The assessee's appeal was allowed accordingly.
The ITAT set aside the AO's valuation of the land at Rs. 3,621 per sq.yd. and directed adoption of Rs. 15,000 per sq.yd. as the cost of acquisition as of 01.04.2001, granting indexation benefit from that date. The AO's reduction of the covered area to 2,000 sq.ft. was rejected; the Tribunal upheld the covered area at 3,302.51 sq.ft. as per the site plan and draft order. The cost of construction was fixed at Rs. 821 per sq.ft. based on the Registered Valuer's report, rejecting the DVO's lower rate. The AO was directed to recompute Long Term Capital Gain incorporating these findings: land area at 528.125 sq.yd., land cost at Rs. 15,000 per sq.yd., and construction cost at Rs. 821 per sq.ft. The assessee's appeal was allowed accordingly.
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