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 dismissed writ petitions challenging show cause notices under FEMA, upholding preliminary objection regarding maintainability due to available statutory remedies. Court determined that existence of appellate mechanisms under Sections 19(1) and 35 of FEMA provided adequate alternative remedies. Allegations of bias and natural justice violations were rejected, as subordinate officer's affidavit did not indicate prejudgment by adjudicating authority. Regarding limitation period, Court held that five-year timeline cannot be universally applied, as reasonable delay depends on case-specific circumstances. Omission of Section 6(3)(b) FEMA did not invalidate show cause notices as provision remains applicable to past actions. Petitioners directed to pursue statutory appeals rather than invoke writ jurisdiction.
HC dismissed writ petitions challenging show cause notices under FEMA, upholding preliminary objection regarding maintainability due to available statutory remedies. Court determined that existence of appellate mechanisms under Sections 19(1) and 35 of FEMA provided adequate alternative remedies. Allegations of bias and natural justice violations were rejected, as subordinate officer's affidavit did not indicate prejudgment by adjudicating authority. Regarding limitation period, Court held that five-year timeline cannot be universally applied, as reasonable delay depends on case-specific circumstances. Omission of Section 6(3)(b) FEMA did not invalidate show cause notices as provision remains applicable to past actions. Petitioners directed to pursue statutory appeals rather than invoke writ jurisdiction.
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