Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
Blocking input tax credit under Rule 86A requires the competent authority itself to record, in writing, reasons to believe based on relevant material and an independent application of mind. An order stating only that action was taken "as per recommendation" of a Superintendent fails this mandatory jurisdictional requirement and shows that the authority acted on dictate rather than formed its own belief. Material referred to in the counter-affidavit or alert circular cannot cure the defect when the impugned order itself discloses no objective reason. The ITC-blocking order was set aside, with liberty to pass a fresh order in accordance with law.
Blocking input tax credit under Rule 86A requires the competent authority itself to record, in writing, reasons to believe based on relevant material and an independent application of mind. An order stating only that action was taken "as per recommendation" of a Superintendent fails this mandatory jurisdictional requirement and shows that the authority acted on dictate rather than formed its own belief. Material referred to in the counter-affidavit or alert circular cannot cure the defect when the impugned order itself discloses no objective reason. The ITC-blocking order was set aside, with liberty to pass a fresh order in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
