
ITAT Limits Application of S. 2(22)(e) to Proprietary Concerns
The ITAT ruled that Section 2(22)(e) of the Income Tax Act cannot apply where cash shortages pertain to proprietary concerns rather than corporate entities.
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The ITAT ruled that Section 2(22)(e) of the Income Tax Act cannot apply where cash shortages pertain to proprietary concerns rather than corporate entities.

The ITAT mandated the application of the LIBOR rate for associated enterprises’ loans in USD, moving away from the State Bank of India’s PLR.

The ITAT enforces the principle that income cannot be taxed without actual accrual, thus removing unjustified notional interest additions on advances.

The ITAT has directed the adoption of the LIBOR rate for loans reducible in USD and deleted notional interest adjustments on business advances.

The ITAT restored cases to the Assessing Officer, directing a fresh consideration of all evidence due to the lack of verification for e-filing submissions.

The ITAT confirmed the deletion of an adjustment related to comparables, noting that maintenance payments were not considered substantial for the assessment year. This ruling clarifies the treatment of IT infrastructure expenditures.
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