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...
The High Court examined the validity of an order issued u/s 17 of FEMA, where petitioners claimed lack of hearing opportunity. The court ruled that availability of statutory appeal doesn't bar writ petition u/s Article 226 if fundamental rights or natural justice principles are violated. Lack of opportunity to challenge information gathered unfairly breached natural justice. Delayed penalty imposition for non-realization of export proceeds was unfair, as petitioners were not given a chance to defend against alleged contraventions. The first petitioner, no longer operational, faced unjustified delay in notice issuance after over a decade, leading to quashing of the order and demand notice in favor of the petitioners.
The High Court examined the validity of an order issued u/s 17 of FEMA, where petitioners claimed lack of hearing opportunity. The court ruled that availability of statutory appeal doesn't bar writ petition u/s Article 226 if fundamental rights or natural justice principles are violated. Lack of opportunity to challenge information gathered unfairly breached natural justice. Delayed penalty imposition for non-realization of export proceeds was unfair, as petitioners were not given a chance to defend against alleged contraventions. The first petitioner, no longer operational, faced unjustified delay in notice issuance after over a decade, leading to quashing of the order and demand notice in favor of the petitioners.
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