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 revisional orders under AVAT Act and CST Act. The court found Circular No. 15/2010 inapplicable to Revisional Authority's powers. The revisional orders were based on proper enquiries including Excise Documents, interstate certificates, and dealer verification. Finding no evidence of fraud, collusion, or perversity in the orders dated 26.02.2020, the court upheld them. The petitioner firm was granted refund of pre-deposits with 9% interest from 08.05.2021. Tax authorities were directed to issue fresh assessment orders within six weeks and process refunds within four weeks thereafter. The court emphasized that pre-deposits for revision admission are not duty payments and must be refunded upon successful revision.
HC dismissed writ petitions challenging revisional orders under AVAT Act and CST Act. The court found Circular No. 15/2010 inapplicable to Revisional Authority's powers. The revisional orders were based on proper enquiries including Excise Documents, interstate certificates, and dealer verification. Finding no evidence of fraud, collusion, or perversity in the orders dated 26.02.2020, the court upheld them. The petitioner firm was granted refund of pre-deposits with 9% interest from 08.05.2021. Tax authorities were directed to issue fresh assessment orders within six weeks and process refunds within four weeks thereafter. The court emphasized that pre-deposits for revision admission are not duty payments and must be refunded upon successful revision.
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