Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
Proper officer - Jurisdiction of Initiate investigation proceedings by the Central GST and State GST authorities simultaneously - cross-empowerment - The Court found that in the absence of specific notifications enabling cross-empowerment, except for purposes related to tax refunds, the proceedings initiated by an authority (either Central or State) against taxpayers not assigned to them are without jurisdiction. - While the Court quashed the impugned proceedings for lacking jurisdiction, it also directed the respective authorities (Central or State) to whom the petitioners are administratively assigned to initiate fresh proceedings, if warranted, in compliance with the applicable laws and regulations. The period during which the impugned proceedings were initiated and pending litigation was to be excluded from the calculation of any limitation period for initiating new proceedings.
Proper officer - Jurisdiction of Initiate investigation proceedings by the Central GST and State GST authorities simultaneously - cross-empowerment - The Court found that in the absence of specific notifications enabling cross-empowerment, except for purposes related to tax refunds, the proceedings initiated by an authority (either Central or State) against taxpayers not assigned to them are without jurisdiction. - While the Court quashed the impugned proceedings for lacking jurisdiction, it also directed the respective authorities (Central or State) to whom the petitioners are administratively assigned to initiate fresh proceedings, if warranted, in compliance with the applicable laws and regulations. The period during which the impugned proceedings were initiated and pending litigation was to be excluded from the calculation of any limitation period for initiating new proceedings.
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