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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HC dismissed the appeals. The court held that payments characterized as a licence fee for use of goodwill and a name were consideration for exploitation of goodwill, not a revenue-sharing arrangement; linking the fee to a percentage of the practice's billing constituted a measurement mechanism, not a profit-splitting scheme, and did not contravene Bar Council rules. Reliance on a medical-regulation precedent was rejected as inapposite, the prohibition thereon being regulatory and specific to the medical field. The deletion of an ad hoc 5% disallowance on travelling and entertainment expenses was upheld as correctly set aside by the appellate authorities. No substantial question of law arises.
HC dismissed the appeals. The court held that payments characterized as a licence fee for use of goodwill and a name were consideration for exploitation of goodwill, not a revenue-sharing arrangement; linking the fee to a percentage of the practice's billing constituted a measurement mechanism, not a profit-splitting scheme, and did not contravene Bar Council rules. Reliance on a medical-regulation precedent was rejected as inapposite, the prohibition thereon being regulatory and specific to the medical field. The deletion of an ad hoc 5% disallowance on travelling and entertainment expenses was upheld as correctly set aside by the appellate authorities. No substantial question of law arises.
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