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...
The Calcutta High Court considered the maintainability of a petition challenging the cancellation of registration u/s non-filing of returns for six consecutive months. The court noted the absence of an appeal by the petitioner, allowing the revenue to argue the availability of an alternative remedy, rendering the writ petition not maintainable. Acknowledging the impact of the pandemic on business operations and return filings, the court emphasized the need for a sympathetic approach. Consequently, the court set aside the cancellation order, restoring the petitioner's registration and directing the filing of returns from a specified period. Failure to comply within three weeks would result in automatic re-cancellation. The petition was disposed of accordingly, ensuring justice while balancing the interests of the petitioner and the government.
The Calcutta High Court considered the maintainability of a petition challenging the cancellation of registration u/s non-filing of returns for six consecutive months. The court noted the absence of an appeal by the petitioner, allowing the revenue to argue the availability of an alternative remedy, rendering the writ petition not maintainable. Acknowledging the impact of the pandemic on business operations and return filings, the court emphasized the need for a sympathetic approach. Consequently, the court set aside the cancellation order, restoring the petitioner's registration and directing the filing of returns from a specified period. Failure to comply within three weeks would result in automatic re-cancellation. The petition was disposed of accordingly, ensuring justice while balancing the interests of the petitioner and the government.
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