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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Property forfeited under SAFEMA was also subject to TADA proceedings. The court held that TADA provisions are distinct from SAFEMA, citing a previous Supreme Court judgment. Declaratory suits filed by the Appellant in the Bombay High Court have no bearing on the SAFEMA proceedings. The validity of the notice u/s 6 of SAFEMA does not require establishing a nexus between the Detenue's income and the property. The appeal challenging the impugned order was rejected. The principles of natural justice were not violated despite the final hearing being brief and decided by the same Authority. The property in question, Aqdas Mahal, was acquired structurally, but without supporting loan agreements. The Appellant failed to provide evidence of the property's source of acquisition. The appeal was dismissed by the Appellate Tribunal.
Property forfeited under SAFEMA was also subject to TADA proceedings. The court held that TADA provisions are distinct from SAFEMA, citing a previous Supreme Court judgment. Declaratory suits filed by the Appellant in the Bombay High Court have no bearing on the SAFEMA proceedings. The validity of the notice u/s 6 of SAFEMA does not require establishing a nexus between the Detenue's income and the property. The appeal challenging the impugned order was rejected. The principles of natural justice were not violated despite the final hearing being brief and decided by the same Authority. The property in question, Aqdas Mahal, was acquired structurally, but without supporting loan agreements. The Appellant failed to provide evidence of the property's source of acquisition. The appeal was dismissed by the Appellate Tribunal.
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