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 CIT(A)'s admission of additional grounds raised by the assessee, affirming that additional claims not made in the original return can be entertained, consistent with Supreme Court precedents. The Tribunal dismissed the Revenue's grounds challenging this admission. Regarding the waiver of the working capital loan, the ITAT held that such waiver does not constitute income under section 41(1) as it is not a remission of trading liability. Further, section 28(iv) is inapplicable since the waiver resulted in a cash receipt, not a benefit in a form other than money. The Tribunal relied on authoritative judgments, including the Bombay High Court's ruling in Essar Shipping Ltd., concluding that the waiver amount is taxable only as a cash receipt and cannot be taxed as business income under section 28(iv). Consequently, the Revenue's appeal was dismissed, affirming the assessee's tax treatment of the waiver.
The ITAT upheld the CIT(A)'s admission of additional grounds raised by the assessee, affirming that additional claims not made in the original return can be entertained, consistent with Supreme Court precedents. The Tribunal dismissed the Revenue's grounds challenging this admission. Regarding the waiver of the working capital loan, the ITAT held that such waiver does not constitute income under section 41(1) as it is not a remission of trading liability. Further, section 28(iv) is inapplicable since the waiver resulted in a cash receipt, not a benefit in a form other than money. The Tribunal relied on authoritative judgments, including the Bombay High Court's ruling in Essar Shipping Ltd., concluding that the waiver amount is taxable only as a cash receipt and cannot be taxed as business income under section 28(iv). Consequently, the Revenue's appeal was dismissed, affirming the assessee's tax treatment of the waiver.
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