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 dismissed the revenue's appeal, upholding the order of the CIT(A) which reduced the addition for undisclosed commission income to 0.10% of total turnover. The Tribunal accepted the CIT(A)'s procedural remand to the AO, consideration of the remand report and the assessee's rejoinder, and reliance on a sworn statement by a deponent indicating commission receipts in the 0.05%-0.15% range. The ITAT also noted the CIT(A)'s analogous reliance on a coordinate-bench decision, and found no infirmity in treating the contemporaneous recorded statement and remand material as sufficient basis to sustain the reduced addition, resulting in dismissal of the revenue's appeal.
The ITAT dismissed the revenue's appeal, upholding the order of the CIT(A) which reduced the addition for undisclosed commission income to 0.10% of total turnover. The Tribunal accepted the CIT(A)'s procedural remand to the AO, consideration of the remand report and the assessee's rejoinder, and reliance on a sworn statement by a deponent indicating commission receipts in the 0.05%-0.15% range. The ITAT also noted the CIT(A)'s analogous reliance on a coordinate-bench decision, and found no infirmity in treating the contemporaneous recorded statement and remand material as sufficient basis to sustain the reduced addition, resulting in dismissal of the revenue's appeal.
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