The ITAT ruled on a Transfer Pricing adjustment, holding that companies failing the 75% export filter (MAA Business Solutions) and the Related Party Transaction (RPT) filter (WNS Global) must be excluded from the comparable set for ITES providers. The Tribunal directed a fresh re-computation of the arm’s length price (ALP) after applying correct filters, providing relief to the assessee.
The ITAT ruled that a claimed business loss on the sale of a scrip, allegedly part of a penny stock syndicate, was genuine and allowable. The ruling emphasized that transactions supported by complete documentation (contract notes, demat, bank statements) and where no tax-exempt capital gain was claimed cannot be disallowed merely based on a general modus operandi or third-party information.
ITAT directed the AO/TPO to accept the corrected operating margins for comparables in the Business Support Services segment, specifically for Forbes Facility Services Pvt. Ltd. The Tribunal’s order rectifies computational errors and ensures that the benchmarking is based on correct financial data, allowing for proper recomputation of the ALP.
ITAT annulled an assessment and addition of $\text{Rs. }31.80$ crore of share capital made under Section 153C, ruling that the jurisdiction was invalid for an unabated assessment year. The key takeaway is that for an already completed assessment, the AO must rely on incriminating material found during the search, not mere statutory documents already in the books.
The ITAT ruled that Compulsorily Convertible Debentures (CCDs) legally remain debt until conversion, rejecting the Transfer Pricing Officers (TPO) re-characterization of them as equity. The Tribunal quashed the Nil Arm’s Length Price (ALP) for associated interest and remanded the matter for fresh benchmarking.
ITAT upheld the deletion of a 25% bogus purchase addition, ruling that the AO cannot disallow purchases based merely on suspicion and circumstantial evidence when the audited books of account were not rejected. The key takeaway is that without finding defects or rejecting the books, and while accepting sales, disallowance of purchases is impermissible.
Delhi ITAT ruled that a negative lien is not a corporate guarantee, quashing the Rs.16.48 Cr transfer pricing adjustment under Section 92B. Negative lien imposes no repayment liability.
The issue was whether agricultural land compulsorily acquired in NOIDA was a taxable capital asset. The ITAT, relying on judicial precedent, ruled it was pure agricultural land and thus not taxable, rejecting the taxman’s attempt to treat the NOIDA area as a municipality.
ITAT Chennai held that revisional powers under Section 263 cannot be used to substitute the Assessing Officer’s view when proper enquiry was conducted. The AO’s acceptance of business loss and PF/ESI deductions was valid.
The ITAT held a reassessment under sections 144/147 void due to the absence of a mandatory 143(2) notice. Revenue’s claim that participation cures defects under 292BB was rejected, emphasizing strict compliance with statutory notice requirements.
