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...
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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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After the petitioner's tax liability for alleged unexplained jewellery stood fully and finally settled upon issuance of Form-5 under the Vivad se Vishwas Scheme, the department lacked statutory authority to continue detaining jewellery seized during a search. Detention on the ground that a joint locker-holder had an outstanding demand was held contrary to the CIT(A)'s findings on ownership and inconsistent with the scheme's finality, rendering the refusal illegal and perverse. The department was directed to release the seized jewellery (3473.700 g gold and 6.97 carat diamond) within two weeks and was saddled with exemplary costs for defiant conduct. -HC
After the petitioner's tax liability for alleged unexplained jewellery stood fully and finally settled upon issuance of Form-5 under the Vivad se Vishwas Scheme, the department lacked statutory authority to continue detaining jewellery seized during a search. Detention on the ground that a joint locker-holder had an outstanding demand was held contrary to the CIT(A)'s findings on ownership and inconsistent with the scheme's finality, rendering the refusal illegal and perverse. The department was directed to release the seized jewellery (3473.700 g gold and 6.97 carat diamond) within two weeks and was saddled with exemplary costs for defiant conduct. -HC
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