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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A High Court direction in the taxpayer's own case for the same financial year remained binding, and the competent authority could not refuse a nil-rate tax withholding certificate merely because the Department was considering an SLP, especially where no stay had been obtained. The rejection of the application under section 197 was therefore unsustainable. The impugned order was set aside, and the authority was directed to issue the nil-rate withholding certificate within three days for the relevant financial year.
A High Court direction in the taxpayer's own case for the same financial year remained binding, and the competent authority could not refuse a nil-rate tax withholding certificate merely because the Department was considering an SLP, especially where no stay had been obtained. The rejection of the application under section 197 was therefore unsustainable. The impugned order was set aside, and the authority was directed to issue the nil-rate withholding certificate within three days for the relevant financial year.
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