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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Appeal rejected on the ground of delay - Refund of unutilised input tax credit - The Court examined the interpretation of Rule 108(3) of the CGST Rules, which mandated the submission of certified copies within seven days of filing the appeal. Despite the literal interpretation of the rule, the Court considered recent amendments and the recommendations of the GST Council, which highlighted the availability of orders online. Consequently, the Court quashed the impugned order and remanded the matter back to the appellate authority for fresh consideration on merits, emphasizing that the merits of the case should be decided after giving the petitioner an opportunity to be heard.
Appeal rejected on the ground of delay - Refund of unutilised input tax credit - The Court examined the interpretation of Rule 108(3) of the CGST Rules, which mandated the submission of certified copies within seven days of filing the appeal. Despite the literal interpretation of the rule, the Court considered recent amendments and the recommendations of the GST Council, which highlighted the availability of orders online. Consequently, the Court quashed the impugned order and remanded the matter back to the appellate authority for fresh consideration on merits, emphasizing that the merits of the case should be decided after giving the petitioner an opportunity to be heard.
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