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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Petitioner's denial of benefit under Sabka Vishwas (Legal Dispute Resolution) Scheme 2019 (SVLDRS) for short payment of service tax was challenged. The payment was made on 1st July 2020, one day after the due date of 30th June 2020. The High Court held that the objective of SVLDRS is to resolve tax disputes and disclose unpaid taxes, as observed in Capgemini Technology Services India Limited case. The payment mode, whether under service tax or SVLDRS, is immaterial as the revenue received the payment. Procedural irregularities cannot override substantial justice, and the petitioner's one-day delay was bona fide. Denying SVLDRS benefit would contradict the scheme's objective and cause injustice. Relying on Innovative Antares, Arjun Rampal, and Sitec Labs Ltd. cases, the High Court quashed the impugned communications and directed the respondents to issue Form SVLDRS 4 to the petitioner within four weeks.
Petitioner's denial of benefit under Sabka Vishwas (Legal Dispute Resolution) Scheme 2019 (SVLDRS) for short payment of service tax was challenged. The payment was made on 1st July 2020, one day after the due date of 30th June 2020. The High Court held that the objective of SVLDRS is to resolve tax disputes and disclose unpaid taxes, as observed in Capgemini Technology Services India Limited case. The payment mode, whether under service tax or SVLDRS, is immaterial as the revenue received the payment. Procedural irregularities cannot override substantial justice, and the petitioner's one-day delay was bona fide. Denying SVLDRS benefit would contradict the scheme's objective and cause injustice. Relying on Innovative Antares, Arjun Rampal, and Sitec Labs Ltd. cases, the High Court quashed the impugned communications and directed the respondents to issue Form SVLDRS 4 to the petitioner within four weeks.
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