Functional comparability under TNMM: broadcasters excluded, software distributors included, and no separate interest on receivables after working capi...
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Disallowance of construction cost for capital gains was overturned where the assessee produced the contractor's confirmation, a cost breakup, identity documents and an income-tax return evidencing the contractor's involvement; the AO had not doubted the work but made an ad hoc 50% reduction without identifying any cogent defect in the contractor's confirmation or the breakup. The Tribunal held that the contractor's confirmation and supporting particulars carried evidentiary weight and could not be summarily disregarded, and accordingly deleted the addition arising from the 50% disallowance.
Disallowance of construction cost for capital gains was overturned where the assessee produced the contractor's confirmation, a cost breakup, identity documents and an income-tax return evidencing the contractor's involvement; the AO had not doubted the work but made an ad hoc 50% reduction without identifying any cogent defect in the contractor's confirmation or the breakup. The Tribunal held that the contractor's confirmation and supporting particulars carried evidentiary weight and could not be summarily disregarded, and accordingly deleted the addition arising from the 50% disallowance.
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