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 the initiating officer validly recorded "reasons to believe" before issuing notice under section 24(1) for provisional attachment under the benami law. It was held that the reasons were recorded in writing and duly disclosed within the show cause notice; there is no statutory requirement to separately furnish a copy of such reasons, and the notice reflected analysis of statements and bank records, so the challenge failed. On merits, receipt of demonetised cash in the appellant's bank account, followed by RTGS transfers to beneficiaries, was treated as strong evidence of a benami arrangement, and the claimed business explanation remained unsubstantiated; the appeal was dismissed. - AT
The dominant issue was whether the initiating officer validly recorded "reasons to believe" before issuing notice under section 24(1) for provisional attachment under the benami law. It was held that the reasons were recorded in writing and duly disclosed within the show cause notice; there is no statutory requirement to separately furnish a copy of such reasons, and the notice reflected analysis of statements and bank records, so the challenge failed. On merits, receipt of demonetised cash in the appellant's bank account, followed by RTGS transfers to beneficiaries, was treated as strong evidence of a benami arrangement, and the claimed business explanation remained unsubstantiated; the appeal was dismissed. - AT
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