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 the addition of unexplained unsecured loans under section 68, finding the assessee successfully established the identity, creditworthiness, and genuineness of the lenders, which were private limited companies with valid PANs and audited financial statements. The loans were routed through banking channels and repaid within the same assessment year, negating the presumption of unaccounted income. The issuance of notices under section 148 was held valid, having been preceded by proper recording of reasons and approval from the Pr. CIT. The revenue's appeal was dismissed, as the assessee discharged the onus regarding the loans' legitimacy and repayment, and no adverse inference was warranted. Consequently, no addition under section 68 was justified.
The ITAT upheld the deletion of the addition of unexplained unsecured loans under section 68, finding the assessee successfully established the identity, creditworthiness, and genuineness of the lenders, which were private limited companies with valid PANs and audited financial statements. The loans were routed through banking channels and repaid within the same assessment year, negating the presumption of unaccounted income. The issuance of notices under section 148 was held valid, having been preceded by proper recording of reasons and approval from the Pr. CIT. The revenue's appeal was dismissed, as the assessee discharged the onus regarding the loans' legitimacy and repayment, and no adverse inference was warranted. Consequently, no addition under section 68 was justified.
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