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...
Stay of demand - direction to depositing 40% of the outstanding demand - The court found the stance of requiring a 20% pre-deposition as a precondition for stay consideration, as adopted by the respondents, to be legally unsound. Further, it was highlighted that the PCIT exacerbated the petitioner's burden by demanding a 40% deposit without assessing the merits or hardship entailed. The High Court quashed the orders dated 22 November 2021 and 27 February 2024, remanding the matter to the AO for fresh consideration of the stay applications in accordance with the legal position elucidated in the NASSCOM judgment and without prejudice to the merits of the petitioner's challenge.
Stay of demand - direction to depositing 40% of the outstanding demand - The court found the stance of requiring a 20% pre-deposition as a precondition for stay consideration, as adopted by the respondents, to be legally unsound. Further, it was highlighted that the PCIT exacerbated the petitioner's burden by demanding a 40% deposit without assessing the merits or hardship entailed. The High Court quashed the orders dated 22 November 2021 and 27 February 2024, remanding the matter to the AO for fresh consideration of the stay applications in accordance with the legal position elucidated in the NASSCOM judgment and without prejudice to the merits of the petitioner's challenge.
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