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 writ petition challenging the assessment order framed under section 147 read with section 144, holding that the petition did not fall within the limited scope for writ jurisdiction due to the availability of efficacious alternative statutory remedies. Given the existence of disputed questions of fact and mixed questions of law, the court held that the appellate authority under the IT Act is the appropriate forum to address jurisdictional and substantive issues. The court emphasized that appeals and further remedies exist under the statute to challenge assessment orders, including second appeals against first appellate orders. The writ petition was dismissed as lacking merit, with all pending interlocutory applications also dismissed. The decision does not preclude statutory authorities from adjudicating the merits of issues if raised in appropriate proceedings.
The HC dismissed the writ petition challenging the assessment order framed under section 147 read with section 144, holding that the petition did not fall within the limited scope for writ jurisdiction due to the availability of efficacious alternative statutory remedies. Given the existence of disputed questions of fact and mixed questions of law, the court held that the appellate authority under the IT Act is the appropriate forum to address jurisdictional and substantive issues. The court emphasized that appeals and further remedies exist under the statute to challenge assessment orders, including second appeals against first appellate orders. The writ petition was dismissed as lacking merit, with all pending interlocutory applications also dismissed. The decision does not preclude statutory authorities from adjudicating the merits of issues if raised in appropriate proceedings.
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