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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
HC quashed a Show Cause Notice (SCN) issued by DRI due to unjustified delay in adjudication spanning approximately 9 years. The court emphasized that statutory timelines u/s 28(9) of the Customs Act must be adhered to, and flexibility in timeframes cannot be interpreted as permitting administrative lethargy. While authorities may have valid impediments preventing timely resolution, they must demonstrate genuine hindrances beyond their control. The repeated placement and removal from call book without adequate justification, coupled with unexplained gaps between proceedings, rendered the delay unreasonable. The court determined that such prolonged non-adjudication violated procedural fairness, resulting in the SCN's invalidation.
HC quashed a Show Cause Notice (SCN) issued by DRI due to unjustified delay in adjudication spanning approximately 9 years. The court emphasized that statutory timelines u/s 28(9) of the Customs Act must be adhered to, and flexibility in timeframes cannot be interpreted as permitting administrative lethargy. While authorities may have valid impediments preventing timely resolution, they must demonstrate genuine hindrances beyond their control. The repeated placement and removal from call book without adequate justification, coupled with unexplained gaps between proceedings, rendered the delay unreasonable. The court determined that such prolonged non-adjudication violated procedural fairness, resulting in the SCN's invalidation.
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