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 affirms AT and revenue findings, holding that receipt of Rs. 66,00,000 from the company constitutes salary, not professional/business income, because the assessee failed to produce documentary evidence specifying nature or nexus of professional/technical services rendered. The court found a conflict of interest where loans advanced to the company were in the assessee's name, undermining the professional-fee characterization; TDS treatment as "professional charges" is not determinative of income heads. Further, interest expenditure of Rs. 45,26,956 is disallowed for lack of nexus with any business or profession of the assessee; mortgaging and advancing personal property to the company does not render the interest an allowable business expense. Appeal dismissed; decision for Revenue.
HC affirms AT and revenue findings, holding that receipt of Rs. 66,00,000 from the company constitutes salary, not professional/business income, because the assessee failed to produce documentary evidence specifying nature or nexus of professional/technical services rendered. The court found a conflict of interest where loans advanced to the company were in the assessee's name, undermining the professional-fee characterization; TDS treatment as "professional charges" is not determinative of income heads. Further, interest expenditure of Rs. 45,26,956 is disallowed for lack of nexus with any business or profession of the assessee; mortgaging and advancing personal property to the company does not render the interest an allowable business expense. Appeal dismissed; decision for Revenue.
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