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 dismissed a petition seeking waiver of pre-deposit requirements for appealing an Order-in-Original. After the original order, petitioner filed an appeal before the Appellate Tribunal which remained defective for non-payment of mandatory pre-deposit. Despite multiple extensions granted by the Tribunal (on 28 September 2022 and 4 November 2022), petitioner failed to comply, resulting in dismissal of the appeal on 14 February 2023. The Court held that statutory pre-deposit requirements are mandatory for maintaining appeals under customs law, and mere financial difficulties do not constitute sufficient grounds for waiver. The petition challenging the dismissal was accordingly rejected.
The HC dismissed a petition seeking waiver of pre-deposit requirements for appealing an Order-in-Original. After the original order, petitioner filed an appeal before the Appellate Tribunal which remained defective for non-payment of mandatory pre-deposit. Despite multiple extensions granted by the Tribunal (on 28 September 2022 and 4 November 2022), petitioner failed to comply, resulting in dismissal of the appeal on 14 February 2023. The Court held that statutory pre-deposit requirements are mandatory for maintaining appeals under customs law, and mere financial difficulties do not constitute sufficient grounds for waiver. The petition challenging the dismissal was accordingly rejected.
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