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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The AT dismissed the appeals challenging denial of cross-examination requests for officers who recorded statements under the Customs Act and FERA. The tribunal determined that appellants failed to demonstrate how prejudice was caused by denial of cross-examination or establish reasonable grounds that coercion occurred during statement recording. The AT noted it was unlikely departmental officers would admit to coercive tactics during cross-examination. The tribunal observed that appellants had not examined the merits of the 61 relied-upon documents furnished per the Special Director's directions, instead raising cross-examination issues without demonstrating necessity. The tribunal found support in the Supreme Court's decision in State of U.P. v. Sudhir Kumar Singh and declined to intervene with the interlocutory orders.
The AT dismissed the appeals challenging denial of cross-examination requests for officers who recorded statements under the Customs Act and FERA. The tribunal determined that appellants failed to demonstrate how prejudice was caused by denial of cross-examination or establish reasonable grounds that coercion occurred during statement recording. The AT noted it was unlikely departmental officers would admit to coercive tactics during cross-examination. The tribunal observed that appellants had not examined the merits of the 61 relied-upon documents furnished per the Special Director's directions, instead raising cross-examination issues without demonstrating necessity. The tribunal found support in the Supreme Court's decision in State of U.P. v. Sudhir Kumar Singh and declined to intervene with the interlocutory orders.
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