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 the jurisdictional challenge to the impugned SCNs alleging breach of PFUTP Regulations and barred by res judicata and issue estoppel, holding that the petitions were a tactical attempt to delay adjudication. The Court found no merit in treating objections to the SCNs as preliminary issues, especially given the mixed questions of law and fact involved, which under Order XIV Rule 2(2) and settled principles are ordinarily not decided preliminarily. The petitions were filed belatedly, nearly two years post issuance of the SCNs, with successive delay tactics employed. The Court refrained from deciding the substantive merits, emphasizing that all issues, including those raised by petitioners, must be decided expeditiously and concurrently by the Quasi-Judicial Authority without being influenced by the present order's prima facie observations. The discretionary jurisdiction under Article 226 cannot be invoked to stall regulatory proceedings in the public interest.
The HC dismissed the jurisdictional challenge to the impugned SCNs alleging breach of PFUTP Regulations and barred by res judicata and issue estoppel, holding that the petitions were a tactical attempt to delay adjudication. The Court found no merit in treating objections to the SCNs as preliminary issues, especially given the mixed questions of law and fact involved, which under Order XIV Rule 2(2) and settled principles are ordinarily not decided preliminarily. The petitions were filed belatedly, nearly two years post issuance of the SCNs, with successive delay tactics employed. The Court refrained from deciding the substantive merits, emphasizing that all issues, including those raised by petitioners, must be decided expeditiously and concurrently by the Quasi-Judicial Authority without being influenced by the present order's prima facie observations. The discretionary jurisdiction under Article 226 cannot be invoked to stall regulatory proceedings in the public interest.
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