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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Whether assessee entitled to exemption under section 10(26AAA): Tribunal applied Supreme Court ruling that excluding old settlers from definition of Sikkimese was arbitrary under Article 14 and noted retrospective legislative amendment recognizing domicile on or before 26.04.1975, holding old settlers are entitled to parity; exemption allowed. Whether unexplained cash credit under section 68 was gift from relative: Tribunal admitted additional bank and ledger evidence showing donor's creditworthiness and relationship, restored matter to AO for fresh decision. Whether penalty under section 271D for breach of section 269SS attracted: Tribunal found only book/journal entries and third-party cheque payments; penalty deleted. - ITAT
Whether assessee entitled to exemption under section 10(26AAA): Tribunal applied Supreme Court ruling that excluding old settlers from definition of Sikkimese was arbitrary under Article 14 and noted retrospective legislative amendment recognizing domicile on or before 26.04.1975, holding old settlers are entitled to parity; exemption allowed. Whether unexplained cash credit under section 68 was gift from relative: Tribunal admitted additional bank and ledger evidence showing donor's creditworthiness and relationship, restored matter to AO for fresh decision. Whether penalty under section 271D for breach of section 269SS attracted: Tribunal found only book/journal entries and third-party cheque payments; penalty deleted. - ITAT
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