Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
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Transfer pricing assessment addressed comparability and benchmarking: TNMM comparables were adjusted where functional dissimilarity, related-party transactions filter and high outsourcing materially affected arm's length pricing, with a limited remand to verify exclusion of one comparable; five previously rejected comparables are to be included. Guarantee commission was benchmarked by CUP but accepted on an allocation reflecting the assessee's FAR and back-to-back risk allocation, deleting the upward adjustment. TDS liability under section 195/40(a)(i) judged by law at payment date; payments to foreign card networks were not taxable in India and disallowance deleted. Prior-year taxation settled under Vivad se Vishwas adjusted to avoid double taxation.
Transfer pricing assessment addressed comparability and benchmarking: TNMM comparables were adjusted where functional dissimilarity, related-party transactions filter and high outsourcing materially affected arm's length pricing, with a limited remand to verify exclusion of one comparable; five previously rejected comparables are to be included. Guarantee commission was benchmarked by CUP but accepted on an allocation reflecting the assessee's FAR and back-to-back risk allocation, deleting the upward adjustment. TDS liability under section 195/40(a)(i) judged by law at payment date; payments to foreign card networks were not taxable in India and disallowance deleted. Prior-year taxation settled under Vivad se Vishwas adjusted to avoid double taxation.
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