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 detention of personal jewelry (two gold kadas and two gold chains) from a traveler's baggage was impermissible. The court held that waiver of show cause notice (SCN) through a pre-printed standard proforma was invalid, as issuance of SCN is mandatory upon detention of goods. Since the statutory one-year period under Section 110 of the Customs Act had elapsed without a proper SCN, the detention became legally untenable. The court permitted the petitioner to recover the jewelry upon payment of redemption fine and penalty as per the original order, with storage charges waived. The goods were ordered to be released within four weeks of payment.
The HC ruled that detention of personal jewelry (two gold kadas and two gold chains) from a traveler's baggage was impermissible. The court held that waiver of show cause notice (SCN) through a pre-printed standard proforma was invalid, as issuance of SCN is mandatory upon detention of goods. Since the statutory one-year period under Section 110 of the Customs Act had elapsed without a proper SCN, the detention became legally untenable. The court permitted the petitioner to recover the jewelry upon payment of redemption fine and penalty as per the original order, with storage charges waived. The goods were ordered to be released within four weeks of payment.
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