Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
A writ petition may be entertained against a show-cause notice where the challenge concerns jurisdiction and discloses a prima facie case, despite pending statutory proceedings. The authority is not prevented from considering and deciding the notice; however, the affected parties must participate in the proceedings, while enforcement of any resulting decision may be restrained pending disposal of the writ petition or further orders. The court does not determine the merits of the underlying jurisdictional objection at this stage, including the scope of the relevant notification or the authority to issue the notice under Section 73. The arrangement preserves participation in adjudication while providing interim protection against enforcement.
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