Orders Denying Capital Gains Exemption Set Aside for Failure to Consider Alternative Section 54EB Claim Issue Whether the tax authorities’ blanket denial of a capital gains exemption constituted a non-application of mind because they failed to consider the assessee’s alternative request to evaluate the reinvested long-term capital gains under Section 54EB after Section 54B was… Read More »
TPO cannot value actual intra-group services at ‘Nil’ based on a subjective ‘benefit test’, and sequential commercial disallowance under section 37(1) cannot survive if the TP adjustment is deleted. Issue Whether the Transfer Pricing Officer (TPO) was legally justified in determining the Arm’s Length Price (ALP) of intra-group services at ‘Nil’ based on a subjective… Read More »
Corporate guarantee fees at 1% upheld; bad debts actual write-off and lease rentals allowed as revenue expense. Issue Whether the TPO was justified in benchmarking a free corporate guarantee given to an overseas AE at an ALP of 1%, and whether the AO erred in disallowing an actual bad debt write-off and the principal component… Read More »
Assessee blocks uncorroborated search additions, but stock deficits and unproven HUF rents stand. Issue Whether search-and-seizure-based additions concerning alleged on-money payments, unrecorded loose-paper transactions, protective gross profit adjustments, stock deficiencies, unaccounted purchases/sales, and unverified rental income claims are legally sustainable under the provisions of the Income-tax Act? Facts On-money & Third-Party Sheets (I & II):… Read More »
Assessee wins corporate guarantee, R&D, and registration claims; medical freebies and late welfare dues disallowed. Issue Whether the various additions and disallowances made by the Assessing Officer (AO) for Assessment Year 2013-14—concerning corporate guarantees, interest on borrowings, weighted R&D deductions, product registration expenses, exempt income disallowances (under regular and MAT provisions), foreign exchange hedging losses,… Read More »
Common Area Maintenance charges paid by tenants are subject to TDS as contractual service fees, not as rent. Issue Whether Common Area Maintenance (CAM) charges paid by a tenant company to a mall operator are liable for Tax Deducted at Source (TDS) under Section 194I at the rate of 10% as “Rent,” or if they… Read More »
Reassessment notice issued with sanction from an incorrect, lower authority under Section 151 is invalid and void. Reassessment notice issued with sanction from an incorrect, lower authority under Section 151 is invalid and void. Issue Whether a reassessment notice issued under Section 148 for the Assessment Year (AY) 2016-17 is legally sustainable when the mandatory… Read More »
Approved IBC Resolution Plan completely freezes past liabilities, barring the Revenue from issuing Section 148 reassessment notices. Issue Whether the Revenue can legally issue a reassessment notice under Section 148 or pass an order under Section 148A(d) for a period prior to the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016… Read More »
Consistency in Transfer Pricing methodology and prevention of double taxation on reversed provisions bind the Assessing Officer. Consistency in Transfer Pricing methodology and prevention of double taxation on reversed provisions bind the Assessing Officer. Issue Whether the Transactional Net Margin Method (TNMM) at the entity level remains the most appropriate method for benchmarking international transactions… Read More »
High Court will not interfere with Appellate Tribunal’s condonation of delay unless arbitrary or perverse. Issue Whether the High Court, exercising appellate jurisdiction, should interfere with the Appellate Tribunal’s decision to condone a 763-day delay in filing a statutory appeal by the Revenue, when the Tribunal exercised its discretion in the interest of substantial justice.… Read More »