The issue concerned an upward transfer pricing adjustment on corporate guarantee fees charged to AEs. The Tribunal upheld the fee at 0.25% as arm’s length, citing prior ITAT precedents. The takeaway: valid comparable data and indemnification protect against such adjustments.
The Tribunal held that revenue-sharing license fees under the 1999 policy are capital expenditure, mandatorily amortizable under section 35ABB, following the Supreme Court verdict.
The Tribunal held that cash deposits arising from recorded pharmacy sales during demonetisation cannot be added under section 68 when turnover is accepted and duly taxed.
Cash deposits during demonetisation were held genuine where supported by EMI recoveries from thousands of borrowers, with no enquiry or evidence to treat them as unexplained.
Tribunal confirmed that transfer of passive infrastructure assets is genuine and qualifies as a gift under section 47(iii), rejecting revenue’s claim of tax avoidance.
Transfer pricing adjustment of ₹21.88 lakh partly reduced to 0.5% corporate guarantee fee. Tribunal confirms international transaction status but applies consistent methodology with prior years.
The Tribunal examined opening cash balance of ₹6.16 lakh brought forward from prior year. CIT(A) had disallowed it, but AO verification confirmed its genuineness. ITAT set aside the addition under Section 69A and allowed the appeal.
The assessee alleged denial of opportunity and improper handling of evidence. The Tribunal agreed that the appellate order was passed without due consideration of records and remand findings. The matter was sent back for fresh adjudication in accordance with law.
Lenders had confirmed loans in response to statutory notices, yet additions were made. The Tribunal upheld deletion by CIT(A), stressing the importance of uncontroverted confirmations. The ruling reinforces evidentiary discipline in Section 68 cases.
Revenue counted limitation from the third-party search date, while the assessee argued it should start from document handover. ITAT Delhi agreed, holding the assessment outside the six-year period, thereby voiding it.
