Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Telecommunication-business tax treatment covers the timing and scope of deductions, revenue expenditure and transfer-pricing adjustments. Profits eligible for the telecommunication undertaking deduction include receipts with an integral business nexus, while Service from India Scheme incentives are excluded; the initial deduction year depends on when the claim was actually allowed. Annual telecom licence fees are subject to statutory amortisation rather than revenue deduction, whereas spectrum-use charges, ordinary advertising costs, subscriber-fraud losses and certain asset-restoration costs may be revenue expenditure. Automated domestic roaming payments and pre-paid distributor discounts do not require tax deduction at source. Brand-royalty and advertisement, marketing and promotion adjustments cannot rest on commercial-necessity objections or the bright-line test without a demonstrable international transaction.
Telecommunication-business tax treatment covers the timing and scope of deductions, revenue expenditure and transfer-pricing adjustments. Profits eligible for the telecommunication undertaking deduction include receipts with an integral business nexus, while Service from India Scheme incentives are excluded; the initial deduction year depends on when the claim was actually allowed. Annual telecom licence fees are subject to statutory amortisation rather than revenue deduction, whereas spectrum-use charges, ordinary advertising costs, subscriber-fraud losses and certain asset-restoration costs may be revenue expenditure. Automated domestic roaming payments and pre-paid distributor discounts do not require tax deduction at source. Brand-royalty and advertisement, marketing and promotion adjustments cannot rest on commercial-necessity objections or the bright-line test without a demonstrable international transaction.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
