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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CESTAT rejected appeals for default under Rule 20 of CESTAT (Procedure) Rules, 1982, due to appellant's non-appearance at hearings without valid justification. Following precedent from SC's ruling in an analogous case involving Order XLI Rule 17 CPC, the Tribunal determined that appeals with unexplained absences should be dismissed for non-prosecution rather than on merits. The decision emphasized that adjournments cannot be granted without substantial cause and supporting evidence justifying non-appearance. While Section 35C of Central Excise Act, 1944 permits restoration, the Tribunal concluded no purpose would be served by continuing proceedings given repeated defaults.
CESTAT rejected appeals for default under Rule 20 of CESTAT (Procedure) Rules, 1982, due to appellant's non-appearance at hearings without valid justification. Following precedent from SC's ruling in an analogous case involving Order XLI Rule 17 CPC, the Tribunal determined that appeals with unexplained absences should be dismissed for non-prosecution rather than on merits. The decision emphasized that adjournments cannot be granted without substantial cause and supporting evidence justifying non-appearance. While Section 35C of Central Excise Act, 1944 permits restoration, the Tribunal concluded no purpose would be served by continuing proceedings given repeated defaults.
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