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 considered the legality of attachment proceedings u/s 83 of the Central GST Act, 2017 without serving notice u/s 74. The Court found that no notice u/s 74 was issued to the petitioner, leading to the locking of the petitioner's account and Electronic Credit Ledger, severely impacting the business. The Court emphasized that attachment should be a last resort and should follow search and seizure proceedings u/s 74. Since notice u/s 74 was not issued, the Court allowed the petition, revoked the attachment order, and ordered the release of the Electronic Credit Ledger. Petition was allowed.
The High Court considered the legality of attachment proceedings u/s 83 of the Central GST Act, 2017 without serving notice u/s 74. The Court found that no notice u/s 74 was issued to the petitioner, leading to the locking of the petitioner's account and Electronic Credit Ledger, severely impacting the business. The Court emphasized that attachment should be a last resort and should follow search and seizure proceedings u/s 74. Since notice u/s 74 was not issued, the Court allowed the petition, revoked the attachment order, and ordered the release of the Electronic Credit Ledger. Petition was allowed.
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