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 - The High Court acknowledged that the grant of stay is within discretionary jurisdiction, and it does not sit in appeal over such discretion. The Court noted that the appellate authority did not examine whether the petitioner established a prima facie case. The petitioner's assertion regarding limited resources and potential inability to provide services, though not conclusive evidence, warranted consideration. The order was set aside, and the stay application was remanded for reconsideration by the appellate authority, emphasizing the application of classical principles.
Stay of demand - The High Court acknowledged that the grant of stay is within discretionary jurisdiction, and it does not sit in appeal over such discretion. The Court noted that the appellate authority did not examine whether the petitioner established a prima facie case. The petitioner's assertion regarding limited resources and potential inability to provide services, though not conclusive evidence, warranted consideration. The order was set aside, and the stay application was remanded for reconsideration by the appellate authority, emphasizing the application of classical principles.
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