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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In computing long-term capital gains on transfer of inherited immovable property, the dominant issue was the correct base year and Cost Inflation Index for indexation and FMV as on 01-04-1981. Since the property was admittedly inherited in 1981, indexation had to commence from 01-04-1981 with CII 100, and the Revenue's reliance on CII 172 for FY 1989-90 based on an aborted agreement was held illogical and irrelevant. The AO was directed to recompute LTCG by adopting FMV at ₹17.50 per sq. mtr as on 01-04-1981, using stamp duty valuation as consideration, applying the assessee's proportionate share, and granting eligible relief for investment in a jointly purchased new property. - ITAT
In computing long-term capital gains on transfer of inherited immovable property, the dominant issue was the correct base year and Cost Inflation Index for indexation and FMV as on 01-04-1981. Since the property was admittedly inherited in 1981, indexation had to commence from 01-04-1981 with CII 100, and the Revenue's reliance on CII 172 for FY 1989-90 based on an aborted agreement was held illogical and irrelevant. The AO was directed to recompute LTCG by adopting FMV at ₹17.50 per sq. mtr as on 01-04-1981, using stamp duty valuation as consideration, applying the assessee's proportionate share, and granting eligible relief for investment in a jointly purchased new property. - ITAT
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