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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HC quashed a Show Cause Notice (SCN) issued in 2008 by Principal Commissioner of Customs, finding it barred by limitation u/s 28(9) of Customs Act, 1962. The court rejected respondent's justification that delay occurred due to SCN's placement in call book, noting that repeated placing and removing from call book over 15 years without adjudication was invalid. Following precedents from Swatch Group India and Vos Technologies cases, HC determined that absent any grounds showing impossibility to determine duty amount within prescribed period, the SCN had lapsed and could not be adjudicated. The unexplained gaps between periods and lack of reasoning for non-adjudication despite hearing notices further supported the petition's allowance.
HC quashed a Show Cause Notice (SCN) issued in 2008 by Principal Commissioner of Customs, finding it barred by limitation u/s 28(9) of Customs Act, 1962. The court rejected respondent's justification that delay occurred due to SCN's placement in call book, noting that repeated placing and removing from call book over 15 years without adjudication was invalid. Following precedents from Swatch Group India and Vos Technologies cases, HC determined that absent any grounds showing impossibility to determine duty amount within prescribed period, the SCN had lapsed and could not be adjudicated. The unexplained gaps between periods and lack of reasoning for non-adjudication despite hearing notices further supported the petition's allowance.
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