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 HC affirms that inspection and seizure disclosed largescale suppression of purchases, sales and stock; private notebooks and an admission at inspection established transactions outside books. Once suppression was established, the burden shifted to the respondent to prove the entries were mere job-work ("coolie conversion"), which was not discharged and was raised only on appeal. The Assessing Officer's determination of suppressed turnover, grounded on seized material and contemporaneous statements, was upheld as evidentiary and rational. The Appellate Assistant Commissioner's and Tribunal's deletions of assessed turnover were set aside. The Assessing Officer's order is restored, the tax revision is allowed, and the substantial questions of law are answered in favour of the Revenue.
The HC affirms that inspection and seizure disclosed largescale suppression of purchases, sales and stock; private notebooks and an admission at inspection established transactions outside books. Once suppression was established, the burden shifted to the respondent to prove the entries were mere job-work ("coolie conversion"), which was not discharged and was raised only on appeal. The Assessing Officer's determination of suppressed turnover, grounded on seized material and contemporaneous statements, was upheld as evidentiary and rational. The Appellate Assistant Commissioner's and Tribunal's deletions of assessed turnover were set aside. The Assessing Officer's order is restored, the tax revision is allowed, and the substantial questions of law are answered in favour of the Revenue.
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