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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Rejection of FCRA registration was examined on whether alleged contraventions justified denial. Receipt of foreign contribution without prior permission could not sustain rejection because the authority itself offered compounding during pendency of scrutiny, the offence was formally compounded, and no clear warning was given that compounding would still trigger disqualification under the statute. The additional ground of transfer of foreign contribution to another entity was vitiated for breach of natural justice and vagueness, as it was introduced without notice or particulars. Treating the applicant as "religious" was also flawed because a subsisting income-tax charitable status was relevant under the non-overriding clause, and ignoring it showed non-application of mind; the order was set aside and remanded for fresh notice and reconsideration. - HC
Rejection of FCRA registration was examined on whether alleged contraventions justified denial. Receipt of foreign contribution without prior permission could not sustain rejection because the authority itself offered compounding during pendency of scrutiny, the offence was formally compounded, and no clear warning was given that compounding would still trigger disqualification under the statute. The additional ground of transfer of foreign contribution to another entity was vitiated for breach of natural justice and vagueness, as it was introduced without notice or particulars. Treating the applicant as "religious" was also flawed because a subsisting income-tax charitable status was relevant under the non-overriding clause, and ignoring it showed non-application of mind; the order was set aside and remanded for fresh notice and reconsideration. - HC
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