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 affirms that a revised return filed within the due date which first elects the concessional regime under s.115BAA substitutes the original return and validly constitutes the s.115BAA election; the AO's characterization of such filing as a prohibited "withdrawal" is rejected. Consequent to acceptance of s.115BAA for AY 2021-22, the assessee is ineligible to claim MAT credit for that year; the AO is directed to verify any MAT credit claimed. While s.115BAA(2) bars set-off of losses attributable to specified deductions, the tribunal accepts the appellate factual finding that the assessee's brought-forward business and capital losses are not so barred and allows their set-off, upholding the CIT(A) conclusions.
ITAT affirms that a revised return filed within the due date which first elects the concessional regime under s.115BAA substitutes the original return and validly constitutes the s.115BAA election; the AO's characterization of such filing as a prohibited "withdrawal" is rejected. Consequent to acceptance of s.115BAA for AY 2021-22, the assessee is ineligible to claim MAT credit for that year; the AO is directed to verify any MAT credit claimed. While s.115BAA(2) bars set-off of losses attributable to specified deductions, the tribunal accepts the appellate factual finding that the assessee's brought-forward business and capital losses are not so barred and allows their set-off, upholding the CIT(A) conclusions.
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