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 set aside the impugned order and allowed the assessee's claim, subject to conditions. Noting that there were losses in both relevant years, ITAT directed that the assessee shall furnish an affidavit-cum-declaration undertaking to reckon the statutory period of eight years for carry forward of loss from AY 2016-17 only, foregoing any additional year. This affidavit-cum-declaration must be filed before the AO and reflected on the CPC portal within 30 days from receipt of the order. ITAT clarified that this direction aims to avoid distortion in future tax computation while respecting the principle of matching income and expenditure. Upon the assessee's compliance with these directions and other provisions of the Act, the AO is directed to delete the impugned addition/disallowance.
ITAT set aside the impugned order and allowed the assessee's claim, subject to conditions. Noting that there were losses in both relevant years, ITAT directed that the assessee shall furnish an affidavit-cum-declaration undertaking to reckon the statutory period of eight years for carry forward of loss from AY 2016-17 only, foregoing any additional year. This affidavit-cum-declaration must be filed before the AO and reflected on the CPC portal within 30 days from receipt of the order. ITAT clarified that this direction aims to avoid distortion in future tax computation while respecting the principle of matching income and expenditure. Upon the assessee's compliance with these directions and other provisions of the Act, the AO is directed to delete the impugned addition/disallowance.
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