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 held that under Rule 17(1)(g) APVAT Rules, entire turnover is taxable at 12.5% where accounts are not properly maintained, but the Rule does not prescribe the manner of maintenance, and Rule 31's requirement of separate accounts for each works contract is to be practically construed. As the record was insufficient to conclusively determine whether the dealer had produced all relevant accounts, HC set aside the impugned assessment orders and remanded the matter to the assessing authority to afford the dealer an opportunity to produce complete records, and to reassess turnover, location of execution, and applicable tax rate in accordance with law. Writ petitions were disposed of by remand.
HC held that under Rule 17(1)(g) APVAT Rules, entire turnover is taxable at 12.5% where accounts are not properly maintained, but the Rule does not prescribe the manner of maintenance, and Rule 31's requirement of separate accounts for each works contract is to be practically construed. As the record was insufficient to conclusively determine whether the dealer had produced all relevant accounts, HC set aside the impugned assessment orders and remanded the matter to the assessing authority to afford the dealer an opportunity to produce complete records, and to reassess turnover, location of execution, and applicable tax rate in accordance with law. Writ petitions were disposed of by remand.
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