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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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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