Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Unwinding allegedly fraudulent and void transactions in oppression and mismanagement proceedings does not depend on prior consent where the pleadings seek to expose sham, circuitous arrangements and their true effect. The Tribunal held that the earlier appellate order did not make mutual agreement an inflexible precondition, and that the proviso governing termination or modification of subsisting third-party agreements did not bar wider relief when illegality was alleged. Detailed pleadings, annexures and investigative materials were sufficient to require merits examination. Election, estoppel and approbate-reprobate could not be used to shut out scrutiny of transactions said to bypass binding regulatory directions, which were treated as statutory and enforceable.
Unwinding allegedly fraudulent and void transactions in oppression and mismanagement proceedings does not depend on prior consent where the pleadings seek to expose sham, circuitous arrangements and their true effect. The Tribunal held that the earlier appellate order did not make mutual agreement an inflexible precondition, and that the proviso governing termination or modification of subsisting third-party agreements did not bar wider relief when illegality was alleged. Detailed pleadings, annexures and investigative materials were sufficient to require merits examination. Election, estoppel and approbate-reprobate could not be used to shut out scrutiny of transactions said to bypass binding regulatory directions, which were treated as statutory and enforceable.
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