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 held that a beneficial CBDT circular issued under section 119(2)(b) for condonation of delay in filing prescribed forms must be applied to genuine and bona fide cases, even where the assessment year is not expressly named. The court found that the relevant circular was the one dated 18.11.2024, which addressed condonation of delay, and that omission of AY 2023-24 was not decisive because the circular was meant to remedy genuine hardship. Rejecting a narrow year-specific reading as anomalous and unjust, the court set aside the refusal order and remitted the matter for fresh consideration in accordance with law.
A High Court held that a beneficial CBDT circular issued under section 119(2)(b) for condonation of delay in filing prescribed forms must be applied to genuine and bona fide cases, even where the assessment year is not expressly named. The court found that the relevant circular was the one dated 18.11.2024, which addressed condonation of delay, and that omission of AY 2023-24 was not decisive because the circular was meant to remedy genuine hardship. Rejecting a narrow year-specific reading as anomalous and unjust, the court set aside the refusal order and remitted the matter for fresh consideration in accordance with law.
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