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...
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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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