Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Performance guarantee and product warranty obligations were held...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment already covered delay.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Performance guarantee and product warranty obligations were held to be intrinsically linked to the software licensing and maintenance transaction, because the assessee was contractually responsible for updates, upgrades, maintenance and related services; the Tribunal therefore deleted the transfer pricing adjustment, also noting consistency with the assessee's own earlier year. Interest on overdue receivables was likewise deleted because the assessee had already applied TNMM with a working capital adjustment, the delay in collection was factored into the comparables analysis, and a further notional interest imputation would amount to duplication. The Tribunal found no material showing a disguised loan arrangement and accepted the explanation for delayed realisation.
Performance guarantee and product warranty obligations were held to be intrinsically linked to the software licensing and maintenance transaction, because the assessee was contractually responsible for updates, upgrades, maintenance and related services; the Tribunal therefore deleted the transfer pricing adjustment, also noting consistency with the assessee's own earlier year. Interest on overdue receivables was likewise deleted because the assessee had already applied TNMM with a working capital adjustment, the delay in collection was factored into the comparables analysis, and a further notional interest imputation would amount to duplication. The Tribunal found no material showing a disguised loan arrangement and accepted the explanation for delayed realisation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
