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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HC held that the provisional attachment order under Section 110(5) of Customs Act was issued without jurisdiction during the investigation stage, as no show cause notice was issued. The court quashed the impugned intimation dated 03.12.2024 and directed immediate defreezing of petitioners' bank accounts. The court found no alternative remedy available under Section 110A during investigation, rendering the writ petition maintainable. The order of attachment was deemed invalid as it preceded any formal adjudication proceedings, thereby violating procedural requirements of the Customs Act.
HC held that the provisional attachment order under Section 110(5) of Customs Act was issued without jurisdiction during the investigation stage, as no show cause notice was issued. The court quashed the impugned intimation dated 03.12.2024 and directed immediate defreezing of petitioners' bank accounts. The court found no alternative remedy available under Section 110A during investigation, rendering the writ petition maintainable. The order of attachment was deemed invalid as it preceded any formal adjudication proceedings, thereby violating procedural requirements of the Customs Act.
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