Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
In a transfer pricing dispute over specified domestic transactions for purchase of potatoes from an associated enterprise, the Tribunal held that the earlier coordinate bench ruling in the assessee's own case for the preceding year governed the issue on identical facts. Applying judicial discipline, it rejected the DRP's attempt to keep the matter open for the Revenue and found that CUP was not the most appropriate method. TNMM was upheld as the appropriate arm's length method, so the transfer pricing adjustment based on CUP was deleted. As the substantive addition did not survive, the consequential penalty proceedings for alleged under-reporting or misreporting under section 270A were rendered infructuous.
In a transfer pricing dispute over specified domestic transactions for purchase of potatoes from an associated enterprise, the Tribunal held that the earlier coordinate bench ruling in the assessee's own case for the preceding year governed the issue on identical facts. Applying judicial discipline, it rejected the DRP's attempt to keep the matter open for the Revenue and found that CUP was not the most appropriate method. TNMM was upheld as the appropriate arm's length method, so the transfer pricing adjustment based on CUP was deleted. As the substantive addition did not survive, the consequential penalty proceedings for alleged under-reporting or misreporting under section 270A were rendered infructuous.
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