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 dismissed a challenge to an order u/s 74 of the Central Goods and Services Tax Act, 2017/West Bengal Goods and Services Tax Act, 2017. The court held that the extended period was justified, and the proper officer's consideration of the response cannot be questioned in a writ petition. Referring to previous cases, the court emphasized that the extended period cannot be invoked without clear allegations of wilful misstatement, suppression of fact, fraud, or collusion. The authorities had provided clear basis for invoking the extended period due to fraudulent availment of input tax credit. The petitioners cannot question the findings or sufficiency of allegations through writ jurisdiction. The petition was dismissed.
The High Court dismissed a challenge to an order u/s 74 of the Central Goods and Services Tax Act, 2017/West Bengal Goods and Services Tax Act, 2017. The court held that the extended period was justified, and the proper officer's consideration of the response cannot be questioned in a writ petition. Referring to previous cases, the court emphasized that the extended period cannot be invoked without clear allegations of wilful misstatement, suppression of fact, fraud, or collusion. The authorities had provided clear basis for invoking the extended period due to fraudulent availment of input tax credit. The petitioners cannot question the findings or sufficiency of allegations through writ jurisdiction. The petition was dismissed.
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