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 order deals with the scope of judicial review in a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). It cites relevant Supreme Court precedents clarifying that the court's role is limited to scrutinizing whether the detaining authority applied its mind and had sufficient grounds for preventive detention, without substituting its own satisfaction. The detenu is entitled to copies of documents relied upon for detention but not all documents mentioned. The detaining authority must consider the detenu's representation expeditiously. Typographical errors in the consideration order do not vitiate the decision unless prejudicial. In the present case, substantial materials like statements under the Customs Act, seizure of gold, currencies implicating the detenu justified the detention order under COFEPOSA. The court found no merit in the writ petition and dismissed it.
The order deals with the scope of judicial review in a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). It cites relevant Supreme Court precedents clarifying that the court's role is limited to scrutinizing whether the detaining authority applied its mind and had sufficient grounds for preventive detention, without substituting its own satisfaction. The detenu is entitled to copies of documents relied upon for detention but not all documents mentioned. The detaining authority must consider the detenu's representation expeditiously. Typographical errors in the consideration order do not vitiate the decision unless prejudicial. In the present case, substantial materials like statements under the Customs Act, seizure of gold, currencies implicating the detenu justified the detention order under COFEPOSA. The court found no merit in the writ petition and dismissed it.
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