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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CESTAT nullified the adjudication order due to inordinate delay in processing a show cause notice. The tribunal held that the statutory provision "where it is possible to do so" does not provide unlimited discretion to authorities for delaying adjudication. The show cause notice issued in 2013 was adjudicated only in 2023, spanning approximately ten years. The court emphasized that such administrative indifference cannot be condoned, and the delay lacks justifiable circumstances. Consequently, the order dated 19.01.2023 was set aside, effectively rendering the decade-long proceedings invalid, with the appeal being allowed in favor of the appellant.
CESTAT nullified the adjudication order due to inordinate delay in processing a show cause notice. The tribunal held that the statutory provision "where it is possible to do so" does not provide unlimited discretion to authorities for delaying adjudication. The show cause notice issued in 2013 was adjudicated only in 2023, spanning approximately ten years. The court emphasized that such administrative indifference cannot be condoned, and the delay lacks justifiable circumstances. Consequently, the order dated 19.01.2023 was set aside, effectively rendering the decade-long proceedings invalid, with the appeal being allowed in favor of the appellant.
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