Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Prohibiting export of Non-Basmati Rice - Retrospective effect of notification - Violation of principles of natural justice - Legitimate expectation - The High Court observed that the FTP 2023 includes a transitional arrangement clause ensuring that changes in policy do not adversely affect existing commitments through irrevocable commercial letters of credit (ICLC). The Court found that the impugned notification unjustifiably denied this benefit to the petitioners, even though similar provisions were applied in other cases, such as wheat exports. The lack of specific reasons for this denial rendered the notification arbitrary. - The court declared that the impugned notification dated 20.07.2023, insofar as it denies the benefit of the transitional arrangement under para 1.05 of FTP 2023, is bad-in-law.
Prohibiting export of Non-Basmati Rice - Retrospective effect of notification - Violation of principles of natural justice - Legitimate expectation - The High Court observed that the FTP 2023 includes a transitional arrangement clause ensuring that changes in policy do not adversely affect existing commitments through irrevocable commercial letters of credit (ICLC). The Court found that the impugned notification unjustifiably denied this benefit to the petitioners, even though similar provisions were applied in other cases, such as wheat exports. The lack of specific reasons for this denial rendered the notification arbitrary. - The court declared that the impugned notification dated 20.07.2023, insofar as it denies the benefit of the transitional arrangement under para 1.05 of FTP 2023, is bad-in-law.
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