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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Provisional attachment of bank account - Expiry of one year from the date of the order of attachment - The court noted that despite the statutory provision clearly specifying the expiry of provisional attachment after one year, such errors by revenue authorities in allowing attachments to continue beyond the prescribed period were becoming common. The court highlighted the unnecessary burden placed on petitioners who are compelled to approach the court for relief due to the revenue authorities' failure to adhere to statutory timelines. - Consequently, the High court directed the Central Board of Indirect Taxes and Customs to take corrective and necessary action to prevent similar errors in the future. Additionally, recognizing the similarity of issues under both the Central Act and the State Act, the court directed the learned Additional Chief Standing Counsel for the State to communicate the order to the Commissioner, Commercial Tax, for notice and remedial action.
Provisional attachment of bank account - Expiry of one year from the date of the order of attachment - The court noted that despite the statutory provision clearly specifying the expiry of provisional attachment after one year, such errors by revenue authorities in allowing attachments to continue beyond the prescribed period were becoming common. The court highlighted the unnecessary burden placed on petitioners who are compelled to approach the court for relief due to the revenue authorities' failure to adhere to statutory timelines. - Consequently, the High court directed the Central Board of Indirect Taxes and Customs to take corrective and necessary action to prevent similar errors in the future. Additionally, recognizing the similarity of issues under both the Central Act and the State Act, the court directed the learned Additional Chief Standing Counsel for the State to communicate the order to the Commissioner, Commercial Tax, for notice and remedial action.
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