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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Cotton waste sold by the assessee was treated by the AO as "scrap" liable to TCS under s. 206C. Interpreting the statutory definition of "scrap," the tribunal held that cotton waste used as raw material in open-ended spinning mills does not qualify as scrap, so s. 206C is inapplicable on such sales. Although the first appellate authority accepted non-taxability in principle, it denied relief for non-furnishing of Form 27C; the tribunal treated this as a curable technical lapse in light of binding precedent and noted that end-user declarations were produced. The matter was remitted to the AO to verify end-use and then allow relief accordingly; appeal was statistically allowed. - ITAT
Cotton waste sold by the assessee was treated by the AO as "scrap" liable to TCS under s. 206C. Interpreting the statutory definition of "scrap," the tribunal held that cotton waste used as raw material in open-ended spinning mills does not qualify as scrap, so s. 206C is inapplicable on such sales. Although the first appellate authority accepted non-taxability in principle, it denied relief for non-furnishing of Form 27C; the tribunal treated this as a curable technical lapse in light of binding precedent and noted that end-user declarations were produced. The matter was remitted to the AO to verify end-use and then allow relief accordingly; appeal was statistically allowed. - ITAT
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