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 court adjudicated a show cause notice (SCN) after a delay of almost 8 years. The primary ground raised was that the respondents failed to adjudicate the SCN for nearly 8 years, warranting the impugned SCN to be set aside. The court held that the decision in Coventry Estates Pvt. Ltd. v. Joint Commissioner CGST and Central Excise & Anr. analyzed this issue in-depth and ruled that such delay in adjudicating SCNs should be quashed. The decision relied upon by the respondents in Collector of Central Excise, New Delhi v. Bhagsons Paint Industry (India) was distinguishable on facts. Section 28(9) expressly bars passing an order after the prescribed time limit of 6 months/1 year, subject to specified conditions. Consequently, the court allowed the petition.
The court adjudicated a show cause notice (SCN) after a delay of almost 8 years. The primary ground raised was that the respondents failed to adjudicate the SCN for nearly 8 years, warranting the impugned SCN to be set aside. The court held that the decision in Coventry Estates Pvt. Ltd. v. Joint Commissioner CGST and Central Excise & Anr. analyzed this issue in-depth and ruled that such delay in adjudicating SCNs should be quashed. The decision relied upon by the respondents in Collector of Central Excise, New Delhi v. Bhagsons Paint Industry (India) was distinguishable on facts. Section 28(9) expressly bars passing an order after the prescribed time limit of 6 months/1 year, subject to specified conditions. Consequently, the court allowed the petition.
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