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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The HC quashed multiple Show Cause Notices (SCNs) and an order issued by tax authorities due to inordinate delay in concluding adjudication proceedings. Citing Vos Technologies India, the court held that while SS73 of the Finance Act empowers authorities to issue SCNs for unpaid or short-paid service tax, SS73(4B) imposes a duty to determine tax liability within six months to one year where possible. The court rejected the notion that "where it is possible to do so" grants unlimited time, emphasizing that matters with financial liabilities cannot remain unresolved for years without justification. The absence of any explanation for the protracted delay violated principles of natural justice, warranting the quashing of proceedings.
The HC quashed multiple Show Cause Notices (SCNs) and an order issued by tax authorities due to inordinate delay in concluding adjudication proceedings. Citing Vos Technologies India, the court held that while SS73 of the Finance Act empowers authorities to issue SCNs for unpaid or short-paid service tax, SS73(4B) imposes a duty to determine tax liability within six months to one year where possible. The court rejected the notion that "where it is possible to do so" grants unlimited time, emphasizing that matters with financial liabilities cannot remain unresolved for years without justification. The absence of any explanation for the protracted delay violated principles of natural justice, warranting the quashing of proceedings.
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