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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ITAT allowed the appellant's appeal, holding that the rejection of the books of account by CIT(A) was unwarranted as no cogent defects were demonstrated and conclusions were based on conjecture; the AO's reliance on such rejection to invoke provisions of s.68/s.69A and tax under s.115BBE was unsustainable. The Tribunal observed the survey u/s.133A disclosed no incriminating material, the books were maintained on mercantile basis and audited with true and fair certification, and the assessment was incorrectly framed u/s.143(3) despite alleged rejection requiring s.144. Additions treating demonetized-currency bank deposits as bogus sales were deleted as speculative and resulting trading-loss recalculation was impractical.
ITAT allowed the appellant's appeal, holding that the rejection of the books of account by CIT(A) was unwarranted as no cogent defects were demonstrated and conclusions were based on conjecture; the AO's reliance on such rejection to invoke provisions of s.68/s.69A and tax under s.115BBE was unsustainable. The Tribunal observed the survey u/s.133A disclosed no incriminating material, the books were maintained on mercantile basis and audited with true and fair certification, and the assessment was incorrectly framed u/s.143(3) despite alleged rejection requiring s.144. Additions treating demonetized-currency bank deposits as bogus sales were deleted as speculative and resulting trading-loss recalculation was impractical.
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