Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Section 24(5) permits recovery of company tax dues from directors of a private company in liquidation only after recovery from the company itself has become impossible, including where recovery is barred by insolvency or no assets remain. Before attaching directors' bank accounts, the tax authority must disclose the foundational basis for alleging gross negligence, misfeasance or breach of duty, so that directors get an opportunity to object. Because the notice failed to state that basis, the bank attachment was not compliant with the statute and was set aside, with liberty to proceed afresh in accordance with the section.
Section 24(5) permits recovery of company tax dues from directors of a private company in liquidation only after recovery from the company itself has become impossible, including where recovery is barred by insolvency or no assets remain. Before attaching directors' bank accounts, the tax authority must disclose the foundational basis for alleging gross negligence, misfeasance or breach of duty, so that directors get an opportunity to object. Because the notice failed to state that basis, the bank attachment was not compliant with the statute and was set aside, with liberty to proceed afresh in accordance with the section.
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