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 upheld the Appellate Tribunal's remand order concerning a 17-year delay in adjudication of a show cause notice issued under FERA, 1973. The Appellant is permitted to challenge the delayed adjudication and the jurisdiction of the adjudicating authority under the remand. The adjudicating authority must consider all submissions, including whether it lacks jurisdiction due to the transition from FERA to FEMA. If jurisdiction is found lacking, the show cause notice dated 29 November 1983 will be discharged. The HC directed the adjudicating authority to conclude the remand proceedings expeditiously, mandating disposal within four months from receipt of the authenticated order copy, thereby preventing undue prolongation of the matter.
The HC upheld the Appellate Tribunal's remand order concerning a 17-year delay in adjudication of a show cause notice issued under FERA, 1973. The Appellant is permitted to challenge the delayed adjudication and the jurisdiction of the adjudicating authority under the remand. The adjudicating authority must consider all submissions, including whether it lacks jurisdiction due to the transition from FERA to FEMA. If jurisdiction is found lacking, the show cause notice dated 29 November 1983 will be discharged. The HC directed the adjudicating authority to conclude the remand proceedings expeditiously, mandating disposal within four months from receipt of the authenticated order copy, thereby preventing undue prolongation of the matter.
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