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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Entitlement to input tax credit under the law survives despite a limitation clause: the retrospective amendment and extension of the deadline to claim ITC enable claims within the extended window, and assessment orders denying ITC solely on limitation grounds are quashed accordingly, with relief directed to refund or permit adjustment of amounts taken from taxpayers' ledgers. The revenue is restrained from recovery or account freezing based on limitation-only disallowances. The department retains the right to investigate and act where alleged fraud, wrongful or excess ITC claims, or discrepancies are shown, and may proceed against taxpayers on those substantive grounds.
Entitlement to input tax credit under the law survives despite a limitation clause: the retrospective amendment and extension of the deadline to claim ITC enable claims within the extended window, and assessment orders denying ITC solely on limitation grounds are quashed accordingly, with relief directed to refund or permit adjustment of amounts taken from taxpayers' ledgers. The revenue is restrained from recovery or account freezing based on limitation-only disallowances. The department retains the right to investigate and act where alleged fraud, wrongful or excess ITC claims, or discrepancies are shown, and may proceed against taxpayers on those substantive grounds.
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