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 allowed the appeal, set aside the CIT (Exemptions) order rejecting registration under s.80G(5), and remitted the matter for fresh adjudication. The tribunal held that denial premised solely on religious-language in the trust deed, absent any verification, was unsustainable; the CIT (Exemptions) must examine and record whether expenditure on religious purposes exceeds the five percent threshold under s.80G(5B). The file is restored to the CIT (Exemptions) with directions to verify relevant accounts, afford the assessee an opportunity of hearing, determine applicability of s.80G(5B), and thereafter decide the s.80G(5) approval application on merits. Appeal allowed for statistical purposes.
ITAT allowed the appeal, set aside the CIT (Exemptions) order rejecting registration under s.80G(5), and remitted the matter for fresh adjudication. The tribunal held that denial premised solely on religious-language in the trust deed, absent any verification, was unsustainable; the CIT (Exemptions) must examine and record whether expenditure on religious purposes exceeds the five percent threshold under s.80G(5B). The file is restored to the CIT (Exemptions) with directions to verify relevant accounts, afford the assessee an opportunity of hearing, determine applicability of s.80G(5B), and thereafter decide the s.80G(5) approval application on merits. Appeal allowed for statistical purposes.
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