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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.
Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4826 
Join Channel 
