December 2024

In this landmark transfer pricing ruling, the Income Tax Appellate Tribunal, Mumbai, adjudicated cross appeals involving TPG Capital India Pvt. Ltd., a subsidiary providing investment advisory services to its US-based AE. The core dispute centered on the arm’s length price determination under TNMM for AY 2010-11. The Tribunal meticulously analyzed comparability issues, upholding the inclusion of ICRA Management Consulting Services Ltd. based on functional similarity and judicial consistency, while directing verification of its margin at 16.26%. It restored the exclusion of ICRA Online Pvt. Ltd. for fresh factual determination due to functional disparities. Significantly, the Tribunal affirmed the allowance of risk adjustments under rule 10B(1)(e)(iii), recognizing the assessee’s captive, low-risk profile, and remitted the matter for verification. It conclusively excluded Motilal Oswal Investment Advisors Pvt. Ltd. as incomparable. This decision reinforces critical principles in transfer pricing: functional comparability, accurate margin benchmarking, and risk differential adjustments, offering clarity for multinationals in investment advisory services.

In this appeal by Revenue, the ITAT Mumbai upheld CIT(A)’s order restricting addition on bogus purchases to 12.5% profit element. The assessee’s purchases from hawala operators were disputed, but since sales were accepted, the Tribunal applied the principle that only embedded profit, not entire purchase value, is taxable. This decision reinforces judicial trend favoring estimation over full disallowance in bogus purchase cases where sales are genuine.

In this landmark judgment, the Allahabad High Court upheld the constitutional validity of the Gift Tax Act, 1958, affirming Parliament’s legislative competence under the residuary powers (Article 248 and Entry 97 of List I). The Court decisively rejected challenges based on federalism, clarifying that a tax on gifts of lands and buildings is distinct from a tax on the property itself, thus falling within Union, not State, jurisdiction. The ruling reinforces the principle that unenumerated legislative subjects reside with Parliament, providing critical clarity for gift taxation in India. Additionally, the Court emphasized procedural safeguards under section 4(c), remanding a case for proper assessment of bona fides, ensuring fairness in tax administration.

In a landmark ruling on corporate criminal liability in tax matters, the Andhra Pradesh High Court has definitively settled two critical issues. First, it affirms that a company or firm, as a ‘person’ under the Income Tax Act, 1961, is fully prosecutable for offences under the Act, particularly in light of the specific provision of Section 278B. Second, and more significantly, the Court resolves the sentencing dilemma: when a provision like Section 277 mandates a minimum term of imprisonment alongside a fine, a company can be sentenced to pay a fine only. The impossibility of incarcerating a juridical entity does not grant it immunity from prosecution or punishment. The Court adopts a purposive interpretation, aligning with the Delhi High Court’s Full Bench view, to ensure that the legislative intent of holding companies accountable is not defeated by the physical limitations of punishment. This judgment strengthens the Department’s arsenal against corporate tax fraud by clarifying that firms cannot escape the dock merely because they lack a physical body to imprison.

In this landmark ITAT Mumbai ruling, the Tribunal reinforced the exhaustive nature of deductions under sections 23 and 24 for house property income. It dismissed the assessee’s claim for brokerage, legal fees, bank charges, and electricity expenses, citing the Delhi High Court’s precedent in H.G. Gupta & Sons. The decision underscores that only statutory deductions apply, rejecting arguments based on necessity or past consistency. The interest income issue was remanded for factual verification, resulting in a partly allowed appeal.

In this landmark Kerala High Court judgment, the Revenue successfully challenged the registration of a tobacco partnership under section 26A of the Income Tax Act 1922. The Court established a critical precedent: partnerships formed to exploit government licences (here, under the Cochin Tobacco Act) without permission constitute illegal transfers of licence rights, rendering such partnerships void ab initio under section 23 of the Contract Act. The decision reinforces that tax benefits under the Income Tax Act cannot accrue to illegal arrangements, emphasizing that statutory prohibitions aimed at repeated penalties indicate legislative intent to forbid acts entirely, not merely make them expensive. This judgment remains pivotal for professionals advising on partnership registrations involving regulated licences, highlighting the interplay between excise regulations and tax compliance.

In this landmark ruling by the Income Tax Appellate Tribunal, Delhi, the core issue revolved around the procedural sanctity of Section 144C of the Income Tax Act, 1961, in transfer pricing assessments. The Tribunal decisively held that the Assessing Officer’s action of issuing a demand notice and penalty notice concurrently with a draft assessment order vitiated the entire assessment process. By referencing key judicial precedents, including Supreme Court decisions on mandatory statutory compliance, the Tribunal underscored that such procedural deviations are not mere irregularities but fatal illegalities that invalidate the assessment. This judgment reinforces the principle that tax authorities must strictly adhere to prescribed legal frameworks, particularly in complex international tax and transfer pricing matters, ensuring fairness and transparency in dispute resolution mechanisms.

This Full Bench judgment of the Patna High Court resolves a key conflict in Indian tax and Muslim law: whether a Muslim husband’s oral transfer of immovable property to his wife in discharge of dower debt is valid without registration. The Court definitively holds that such a transaction is a sale, not a gift, under Section 54 of the Transfer of Property Act, requiring registration if the property exceeds Rs. 100 in value. Consequently, the income from the property remains taxable in the husband’s hands, as the transfer is invalid without a registered document. The decision overrules prior inconsistent rulings and reinforces the principle that dower debt settlements involving immovable property are contractual sales, not mere gifts, ensuring clarity for tax assessments and property transfers under Muslim personal law.