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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Legality of search and seizure conducted at the residential premises of the petitioner - The High Court meticulously analyzed the legislative intent and statutory provisions of Section 131 (1A) juxtaposed with Section 132. It was emphasized that the phrasing of Section 131 (1A) clearly mandates that any notice under this provision must be issued before any search and seizure operation is conducted under Section 132. - The court observed that the post-search issuance of notices u/s 131 (1A) in the instant case was not only a deviation from statutory requirements but also lacked judicial precedent support. The court thus held these actions by the income tax authorities as invalid, setting aside the impugned notices and the search and seizure operations conducted.
Legality of search and seizure conducted at the residential premises of the petitioner - The High Court meticulously analyzed the legislative intent and statutory provisions of Section 131 (1A) juxtaposed with Section 132. It was emphasized that the phrasing of Section 131 (1A) clearly mandates that any notice under this provision must be issued before any search and seizure operation is conducted under Section 132. - The court observed that the post-search issuance of notices u/s 131 (1A) in the instant case was not only a deviation from statutory requirements but also lacked judicial precedent support. The court thus held these actions by the income tax authorities as invalid, setting aside the impugned notices and the search and seizure operations conducted.
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