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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Ex-parte order - Quantification of Liability - intention of evade GST - improper accounting of goods - The High court agrees with the petitioner's contention regarding the impermissibility of quantifying tax liability under Section 130 of the Act. Referring to a previous judgment, the court emphasizes that tax liability should be determined according to the provisions of Section 74. Therefore, the court rules that the quantification of tax liability under Section 130 is unsustainable. - Considering the gravity of the matter and the principle of natural justice, the court sets aside the ex parte order and directs the authority to grant the petitioner an opportunity of hearing before passing a reasoned order.
Ex-parte order - Quantification of Liability - intention of evade GST - improper accounting of goods - The High court agrees with the petitioner's contention regarding the impermissibility of quantifying tax liability under Section 130 of the Act. Referring to a previous judgment, the court emphasizes that tax liability should be determined according to the provisions of Section 74. Therefore, the court rules that the quantification of tax liability under Section 130 is unsustainable. - Considering the gravity of the matter and the principle of natural justice, the court sets aside the ex parte order and directs the authority to grant the petitioner an opportunity of hearing before passing a reasoned order.
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