Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
The ITAT held that once TNMM benchmarking of logistics services had been accepted on a combined basis, the same cost elements could not be separately benchmarked again for royalty and GAM charges, so those additional transfer pricing adjustments were deleted. It restored the working capital adjustment to the AO/TPO for fresh consideration on the basis of the material already furnished. On CSR-related donations, the Tribunal held that disallowance under Explanation 2 to section 37(1) does not bar deduction under section 80G where the donation otherwise qualifies, and allowed the claim. TDS/TCS credit and the section 43B issue were remanded for verification and fresh decision.
The ITAT held that once TNMM benchmarking of logistics services had been accepted on a combined basis, the same cost elements could not be separately benchmarked again for royalty and GAM charges, so those additional transfer pricing adjustments were deleted. It restored the working capital adjustment to the AO/TPO for fresh consideration on the basis of the material already furnished. On CSR-related donations, the Tribunal held that disallowance under Explanation 2 to section 37(1) does not bar deduction under section 80G where the donation otherwise qualifies, and allowed the claim. TDS/TCS credit and the section 43B issue were remanded for verification and fresh decision.
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