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 addressed the issue of penalty levy and rejection of Amnesty Scheme benefit. The petitioner sought penalty waiver under the Scheme after paying tax and interest before the assessment order. The court held that the Amnesty Scheme allows for interest and penalty waiver, but no refund if already paid. The petitioner believed penalty payment was unnecessary due to prior tax and interest payment. The authorities misinterpreted the Scheme, leading to rejection. Relying on precedent and case facts, the court found the rejection erroneous. The petitioner was granted penalty waiver, and the impugned communication and attachment order were quashed. The petition was allowed.
The High Court addressed the issue of penalty levy and rejection of Amnesty Scheme benefit. The petitioner sought penalty waiver under the Scheme after paying tax and interest before the assessment order. The court held that the Amnesty Scheme allows for interest and penalty waiver, but no refund if already paid. The petitioner believed penalty payment was unnecessary due to prior tax and interest payment. The authorities misinterpreted the Scheme, leading to rejection. Relying on precedent and case facts, the court found the rejection erroneous. The petitioner was granted penalty waiver, and the impugned communication and attachment order were quashed. The petition was allowed.
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