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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The dominant issue was whether an assessee is entitled to interest for a substantial delay in receiving a refund granted under the Direct Tax Vivad Se Vishwas Act, 2020, and whether "interest on interest" is payable. Relying on binding precedent recognising compensation for delayed refunds and permitting interest on the interest component where refund is unlawfully withheld, the Court held that the revenue could not deny statutory/compensatory interest merely because the refund had been sanctioned but not paid. Consequently, a writ of mandamus was issued directing payment of interest at 6% p.a. on the delayed refund from 25-05-2021 till 10-01-2024, along with interest on such interest. - HC
The dominant issue was whether an assessee is entitled to interest for a substantial delay in receiving a refund granted under the Direct Tax Vivad Se Vishwas Act, 2020, and whether "interest on interest" is payable. Relying on binding precedent recognising compensation for delayed refunds and permitting interest on the interest component where refund is unlawfully withheld, the Court held that the revenue could not deny statutory/compensatory interest merely because the refund had been sanctioned but not paid. Consequently, a writ of mandamus was issued directing payment of interest at 6% p.a. on the delayed refund from 25-05-2021 till 10-01-2024, along with interest on such interest. - HC
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