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 determined the show-cause notice and Order-in-Original under Finance Act, 1994 were invalid due to improper service procedures under Section 37C of Central Excise Act, 1944. Despite attempts at service via speed post, the notices were undelivered due to changed business address. The authority failed to properly execute alternative service methods through premises affixation or notice board posting as required by statute. Additionally, the petitioner was found not liable for service tax on export services. The court quashed both the show-cause notice and Order-in-Original, ruling the respondent authority lacked jurisdiction to issue orders based on improperly served notices and misapplied tax liability principles. Petition allowed with remand.
HC determined the show-cause notice and Order-in-Original under Finance Act, 1994 were invalid due to improper service procedures under Section 37C of Central Excise Act, 1944. Despite attempts at service via speed post, the notices were undelivered due to changed business address. The authority failed to properly execute alternative service methods through premises affixation or notice board posting as required by statute. Additionally, the petitioner was found not liable for service tax on export services. The court quashed both the show-cause notice and Order-in-Original, ruling the respondent authority lacked jurisdiction to issue orders based on improperly served notices and misapplied tax liability principles. Petition allowed with remand.
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