Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the Investigating Authority under the Benami Act. The transactions were within the ambit of the Benami Act, as amended in 2016, particularly under Section 2(9)(D), which deals with transactions where the person providing the consideration is fictitious or not traceable. - The court ruled that the petitioner-company's transactions fell within the scope of the Benami Act, particularly after the 2016 Amendment. The court found that the procedure under the Act, including the issuance of a show-cause notice without a prior hearing, does not violate principles of natural justice, as the Act provides a detailed adjudication process with opportunities for hearing at later stages.
Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the Investigating Authority under the Benami Act. The transactions were within the ambit of the Benami Act, as amended in 2016, particularly under Section 2(9)(D), which deals with transactions where the person providing the consideration is fictitious or not traceable. - The court ruled that the petitioner-company's transactions fell within the scope of the Benami Act, particularly after the 2016 Amendment. The court found that the procedure under the Act, including the issuance of a show-cause notice without a prior hearing, does not violate principles of natural justice, as the Act provides a detailed adjudication process with opportunities for hearing at later stages.
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