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...
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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 the AO erred in disregarding the registered valuer's report without specific factual contradictions and in assuming jurisdiction to determine the fair market value (FMV) independently using circle rates and interpolation, without referring the matter to the Departmental Valuation Officer (DVO) as mandated by the Act. The tribunal emphasized that conversion rates and circle rates may only corroborate expert valuations but cannot replace the statutory valuation process. The AO's failure to consider supplementary comparable sale deeds and to conduct independent inquiries into surrounding property values was also noted. The DRP's direction to compute the cost of acquisition using Land & Development Office conversion rates was held to be erroneous. Consequently, the valuation report prepared by the qualified valuer was upheld, and the appeal was allowed, directing acceptance of the expert valuation and reference to the DVO for valuation purposes.
The ITAT held that the AO erred in disregarding the registered valuer's report without specific factual contradictions and in assuming jurisdiction to determine the fair market value (FMV) independently using circle rates and interpolation, without referring the matter to the Departmental Valuation Officer (DVO) as mandated by the Act. The tribunal emphasized that conversion rates and circle rates may only corroborate expert valuations but cannot replace the statutory valuation process. The AO's failure to consider supplementary comparable sale deeds and to conduct independent inquiries into surrounding property values was also noted. The DRP's direction to compute the cost of acquisition using Land & Development Office conversion rates was held to be erroneous. Consequently, the valuation report prepared by the qualified valuer was upheld, and the appeal was allowed, directing acceptance of the expert valuation and reference to the DVO for valuation purposes.
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