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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The ITAT held that the revenue authority's transfer pricing segmentation and revenue-based cost allocation were unsustainable. The Tribunal found the taxpayer's core trading activities and attendant after-sales services to be functionally integrated and interdependent, with many services performed with assistance of its associated enterprise (foreign principal), and therefore incapable of reliable segregation for separate benchmarking. The TPO's unilateral bifurcation and allocation by gross revenue, without analysing functions, risks and manpower, was quashed. Consequently the TP adjustment on ground No. 3 was disallowed and the taxpayer's appeal allowed, with directions that no revenue-based segmental allocation be applied absent a proper functional and risk analysis.
The ITAT held that the revenue authority's transfer pricing segmentation and revenue-based cost allocation were unsustainable. The Tribunal found the taxpayer's core trading activities and attendant after-sales services to be functionally integrated and interdependent, with many services performed with assistance of its associated enterprise (foreign principal), and therefore incapable of reliable segregation for separate benchmarking. The TPO's unilateral bifurcation and allocation by gross revenue, without analysing functions, risks and manpower, was quashed. Consequently the TP adjustment on ground No. 3 was disallowed and the taxpayer's appeal allowed, with directions that no revenue-based segmental allocation be applied absent a proper functional and risk analysis.
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