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 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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