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 held that the AO erred in making additions under section 68 without properly analyzing the assessee's financial statements and VAT returns, which were undisputed and did not indicate any discrepancies. The tribunal found that the AO could not reject the assessee's voluntary offer to add 15% of cash sales as unaccounted income and then make an ad hoc addition of 30% without substantive evidence. Since the AO failed to dispute the books of account or stock-in-trade, the 15% addition should have been accepted. Consequently, the appeal was allowed in part by reducing the addition to 15%, quashing the excess ad hoc disallowance.
The ITAT held that the AO erred in making additions under section 68 without properly analyzing the assessee's financial statements and VAT returns, which were undisputed and did not indicate any discrepancies. The tribunal found that the AO could not reject the assessee's voluntary offer to add 15% of cash sales as unaccounted income and then make an ad hoc addition of 30% without substantive evidence. Since the AO failed to dispute the books of account or stock-in-trade, the 15% addition should have been accepted. Consequently, the appeal was allowed in part by reducing the addition to 15%, quashing the excess ad hoc disallowance.
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