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 assessee's appeal, set aside the CIT(A)'s order and deleted the assessment additions premised on an enhanced gross profit rate. The Tribunal found the sole basis for the addition was an untested statement of a third party, noting the AO denied the assessee's request for cross-examination, and that the assessee's books were not rejected yet AO proceeded to estimate a higher GP. Reliance on an uncorroborated third-party statement and estimating income without rejecting books contravened settled principles; hence the addition increasing GP from the declared rate was held unsustainable and the assessment adjustment was vacated.
ITAT allowed the assessee's appeal, set aside the CIT(A)'s order and deleted the assessment additions premised on an enhanced gross profit rate. The Tribunal found the sole basis for the addition was an untested statement of a third party, noting the AO denied the assessee's request for cross-examination, and that the assessee's books were not rejected yet AO proceeded to estimate a higher GP. Reliance on an uncorroborated third-party statement and estimating income without rejecting books contravened settled principles; hence the addition increasing GP from the declared rate was held unsustainable and the assessment adjustment was vacated.
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