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 partly allowed assessee's appeal. For capital gains on sale of flats under JDA, Tribunal held that cost of acquisition must be computed with reference to saleable/built-up area, determining land cost at Rs. 95.26 per sq.ft, and rejected reduction by claimed STCG exemption. For sale of one villa, applying s.50C third proviso, it directed AO to adopt actual consideration of Rs. 2,18,29,631 instead of stamp value. Full exemption u/s 54 was allowed, deleting disallowance of Rs. 3,87,726, as 95% of construction costs were evidenced and remaining expenses were reasonably incurred. Notional rent addition on two unsold villas was deleted, property being vacant due to pandemic. Capital gain on land transferred under JDA was confirmed as short-term.
ITAT partly allowed assessee's appeal. For capital gains on sale of flats under JDA, Tribunal held that cost of acquisition must be computed with reference to saleable/built-up area, determining land cost at Rs. 95.26 per sq.ft, and rejected reduction by claimed STCG exemption. For sale of one villa, applying s.50C third proviso, it directed AO to adopt actual consideration of Rs. 2,18,29,631 instead of stamp value. Full exemption u/s 54 was allowed, deleting disallowance of Rs. 3,87,726, as 95% of construction costs were evidenced and remaining expenses were reasonably incurred. Notional rent addition on two unsold villas was deleted, property being vacant due to pandemic. Capital gain on land transferred under JDA was confirmed as short-term.
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