Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The Hon'ble Supreme Court held that a plea of substantial compliance cannot be taken if a clear statutory prerequisite which effectuates the object and purpose of the statute has not been met. However, if the requirements are procedural or directory, not of the "essence" of the thing to be done but given for orderly conduct of business, they may be fulfilled by substantial compliance. The refund claim results from a conditional refund post import. Procedural relaxation can be provided to an importer trader, provided verification is made about the claim. The exemption aims to prevent double benefit by the buyer availing credit. Rejecting a claim due to procedural discrepancies, easily verifiable, would be harsh. The impugned order is set aside, and the appeal is allowed.
The Hon'ble Supreme Court held that a plea of substantial compliance cannot be taken if a clear statutory prerequisite which effectuates the object and purpose of the statute has not been met. However, if the requirements are procedural or directory, not of the "essence" of the thing to be done but given for orderly conduct of business, they may be fulfilled by substantial compliance. The refund claim results from a conditional refund post import. Procedural relaxation can be provided to an importer trader, provided verification is made about the claim. The exemption aims to prevent double benefit by the buyer availing credit. Rejecting a claim due to procedural discrepancies, easily verifiable, would be harsh. The impugned order is set aside, and the appeal is allowed.
Note: It is a system-generated summary and is for quick reference only.