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 HC ruled that the notification dated 31-10-2006, requiring C-Form production for tax exemption under Section 8(5) of the CST Act, would not apply to the petitioner company. The petitioner had been granted absolute exemption from tax liability effective 22-9-1996 pursuant to a 1993 notification after investing over Rs. 1,000 crores in an Integrated Steel Plant. Following Supreme Court precedent in Prism Cement Limited, the HC determined that the 2002 amendment to Section 8(5) making C-Form production mandatory applies prospectively only and cannot retrospectively affect previously granted absolute exemptions. The petitioner's exemption remains valid as per the original 1993 notification until 30-6-2017 when the GST regime commenced.
The HC ruled that the notification dated 31-10-2006, requiring C-Form production for tax exemption under Section 8(5) of the CST Act, would not apply to the petitioner company. The petitioner had been granted absolute exemption from tax liability effective 22-9-1996 pursuant to a 1993 notification after investing over Rs. 1,000 crores in an Integrated Steel Plant. Following Supreme Court precedent in Prism Cement Limited, the HC determined that the 2002 amendment to Section 8(5) making C-Form production mandatory applies prospectively only and cannot retrospectively affect previously granted absolute exemptions. The petitioner's exemption remains valid as per the original 1993 notification until 30-6-2017 when the GST regime commenced.
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