Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
HC quashed the arbitrary date stipulation (11.10.2021) in Circular Ref.No.60/2022 regarding refund of penalties for short/non-collection of upfront margins. The court found no justifiable basis for this date selection, which created discriminatory treatment between investor groups who had penalties passed on before and after the cutoff date. This violated Article 14 of the Constitution by adversely affecting similarly situated investors based on timing outside their control. The GRC's order dated 31.03.2023 was set aside and matter remanded for de novo hearing without being bound by the 11.10.2021 date restriction. The TM must refund penalties if other qualifying conditions are met, regardless of when the penalty was originally passed on to investors.
HC quashed the arbitrary date stipulation (11.10.2021) in Circular Ref.No.60/2022 regarding refund of penalties for short/non-collection of upfront margins. The court found no justifiable basis for this date selection, which created discriminatory treatment between investor groups who had penalties passed on before and after the cutoff date. This violated Article 14 of the Constitution by adversely affecting similarly situated investors based on timing outside their control. The GRC's order dated 31.03.2023 was set aside and matter remanded for de novo hearing without being bound by the 11.10.2021 date restriction. The TM must refund penalties if other qualifying conditions are met, regardless of when the penalty was originally passed on to investors.
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