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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AT dismissed the appeal and upheld the Adjudicating Authority's penalty order, declining to enhance the quantum of penalty for failure to realize export proceeds and contravention of FEMA provisions and related regulations. The Tribunal found that the Adjudicating Authority examined the facts and evidence, applied mitigating circumstances, and exercised its statutory discretion under the relevant penalty provisions judiciously. Given that the statute prescribes a maximum limit and permits discretionary reduction, and absent any demonstration of perversity or misapplication of law or fact, there was no warrant to interfere. The challenge seeking enhancement of penalty by the appellant therefore fails and the AO's order is affirmed in toto.
AT dismissed the appeal and upheld the Adjudicating Authority's penalty order, declining to enhance the quantum of penalty for failure to realize export proceeds and contravention of FEMA provisions and related regulations. The Tribunal found that the Adjudicating Authority examined the facts and evidence, applied mitigating circumstances, and exercised its statutory discretion under the relevant penalty provisions judiciously. Given that the statute prescribes a maximum limit and permits discretionary reduction, and absent any demonstration of perversity or misapplication of law or fact, there was no warrant to interfere. The challenge seeking enhancement of penalty by the appellant therefore fails and the AO's order is affirmed in toto.
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