Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
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The ITAT remitted the question whether the proviso to Section 2(15) applied to the assessee's activities, holding that the CIT(E) had not properly applied the Supreme Court's ratio in ACIT v. Ahmedabad Urban Development Authority. It directed fresh adjudication on whether the assessee's consumer grievance, workshops, research, regulatory reporting and outreach activities fell within the exclusion for services in relation to trade, commerce or business for fee or other consideration, or remained advancement of general public utility. Because the cancellation of registration under Section 12AB and the consequential refusal of approval under Section 80G depended on that issue, both were also remanded for fresh decision.
The ITAT remitted the question whether the proviso to Section 2(15) applied to the assessee's activities, holding that the CIT(E) had not properly applied the Supreme Court's ratio in ACIT v. Ahmedabad Urban Development Authority. It directed fresh adjudication on whether the assessee's consumer grievance, workshops, research, regulatory reporting and outreach activities fell within the exclusion for services in relation to trade, commerce or business for fee or other consideration, or remained advancement of general public utility. Because the cancellation of registration under Section 12AB and the consequential refusal of approval under Section 80G depended on that issue, both were also remanded for fresh decision.
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