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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Service of show cause notice (SCN) u/s 28 of Customs Act 1962 for undervaluation of imported reprocessed LDPE/HDPE granules and HDPE agglomaterial from overseas suppliers before finalization of assessment held legally defective. Supreme Court in Canon India case held Section 28 power to recover duty not paid/short paid operative only after final assessment. High Courts of Calcutta in AS Syndicate case and Bombay in Mahesh India case held SCN u/s 28 before final assessment bad in law. Demand, penalties, and confiscation quashed as demand itself failed. Principles of natural justice violated by issuing legally defective notice depriving opportunity to examine evidence.
Service of show cause notice (SCN) u/s 28 of Customs Act 1962 for undervaluation of imported reprocessed LDPE/HDPE granules and HDPE agglomaterial from overseas suppliers before finalization of assessment held legally defective. Supreme Court in Canon India case held Section 28 power to recover duty not paid/short paid operative only after final assessment. High Courts of Calcutta in AS Syndicate case and Bombay in Mahesh India case held SCN u/s 28 before final assessment bad in law. Demand, penalties, and confiscation quashed as demand itself failed. Principles of natural justice violated by issuing legally defective notice depriving opportunity to examine evidence.
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