Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
ITAT allowed the assessee's appeal in major respects. Disallowance under s.14A was deleted as the assessee had self-disallowed and requisite satisfaction was recorded; interest disallowance under Rule 8D(2)(ii) and administrative-cost disallowances were restricted to investments that actually earned exempt dividends. Weighted deduction under s.35(2AB) for the Rohtak unit was allowed. Provisional liabilities relating to FPI-OE components were deleted. Sharing of resources with group entities and CSR expenditure were allowed. Income from mutual funds/shares held as investment classified as capital gains, not business income. CBDT circular applied retrospectively. Additions under s.40(a)(i)/s.195 were deleted; certain excise/customs/PLA issues allowed or remitted per higher-court directions; royalty and R&D cess disallowances deleted.
ITAT allowed the assessee's appeal in major respects. Disallowance under s.14A was deleted as the assessee had self-disallowed and requisite satisfaction was recorded; interest disallowance under Rule 8D(2)(ii) and administrative-cost disallowances were restricted to investments that actually earned exempt dividends. Weighted deduction under s.35(2AB) for the Rohtak unit was allowed. Provisional liabilities relating to FPI-OE components were deleted. Sharing of resources with group entities and CSR expenditure were allowed. Income from mutual funds/shares held as investment classified as capital gains, not business income. CBDT circular applied retrospectively. Additions under s.40(a)(i)/s.195 were deleted; certain excise/customs/PLA issues allowed or remitted per higher-court directions; royalty and R&D cess disallowances deleted.
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