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 held the petition challenging absolute confiscation and penalty for smuggling cigarettes and photocopier machines disguised as aluminium scrap to be non-maintainable due to the availability of an alternative statutory remedy. The court found no violation of natural justice, noting the petitioner's active role in facilitating the import and destruction of incriminating evidence. The writ petition under Article 226 was dismissed as the petitioners had a substantial appellate remedy under Section 129A of the Customs Act, which prescribes a three-month limitation period that had lapsed. However, the HC exercised discretion to allow the petitioners to file their appeals within one month, directing that such appeals would be heard on merits and not dismissed on limitation grounds, provided the requisite pre-deposit is made. The petition was disposed accordingly.
The HC held the petition challenging absolute confiscation and penalty for smuggling cigarettes and photocopier machines disguised as aluminium scrap to be non-maintainable due to the availability of an alternative statutory remedy. The court found no violation of natural justice, noting the petitioner's active role in facilitating the import and destruction of incriminating evidence. The writ petition under Article 226 was dismissed as the petitioners had a substantial appellate remedy under Section 129A of the Customs Act, which prescribes a three-month limitation period that had lapsed. However, the HC exercised discretion to allow the petitioners to file their appeals within one month, directing that such appeals would be heard on merits and not dismissed on limitation grounds, provided the requisite pre-deposit is made. The petition was disposed accordingly.
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