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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Availability of a statutory appellate remedy before the GST Appellate Tribunal requires a challenge to a GST penalty order to proceed through that forum once it becomes functional. A writ petition entertained solely because the appellate forum was non-functional need not continue after the Tribunal is operational. The petitioner may be relegated to the Tribunal with liberty to file an appeal within the stipulated period, and the Tribunal should not object to limitation for the period during which the writ petition was pursued. The appeal is to be decided in accordance with law after considering any interim order.
Availability of a statutory appellate remedy before the GST Appellate Tribunal requires a challenge to a GST penalty order to proceed through that forum once it becomes functional. A writ petition entertained solely because the appellate forum was non-functional need not continue after the Tribunal is operational. The petitioner may be relegated to the Tribunal with liberty to file an appeal within the stipulated period, and the Tribunal should not object to limitation for the period during which the writ petition was pursued. The appeal is to be decided in accordance with law after considering any interim order.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4888 
