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 Customs Department's reliance on a pre-printed waiver of show cause notice (SCN) is invalid under Section 124 of the Customs Act, 1962. The detention of the silver polished gold chain is deemed contrary to law due to non-issuance of mandatory SCN and failure to provide personal hearing. The court directed release of the detained jewelry subject to the petitioner's undertaking to re-export and payment of storage charges, with an appearance before Customs Authority on 9th June, 2025. The detention order was set aside as procedurally unsustainable, having exceeded the statutory six-month period without issuing a proper show cause notice.
HC held that the Customs Department's reliance on a pre-printed waiver of show cause notice (SCN) is invalid under Section 124 of the Customs Act, 1962. The detention of the silver polished gold chain is deemed contrary to law due to non-issuance of mandatory SCN and failure to provide personal hearing. The court directed release of the detained jewelry subject to the petitioner's undertaking to re-export and payment of storage charges, with an appearance before Customs Authority on 9th June, 2025. The detention order was set aside as procedurally unsustainable, having exceeded the statutory six-month period without issuing a proper show cause notice.
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