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 set aside the Adjudicating Authority's order of absolute confiscation of four gold bangles weighing 100 grams, held to be personal effects. The Authority's finding that the bangles, due to their high purity, were prohibited goods and not jewellery was contrary to settled jurisprudence recognizing jewellery carried by passengers as bona fide personal effects. The failure to grant a personal hearing was a violation of natural justice principles. The HC ruled that confiscation without allowing payment of duty, redemption fine, or penalty was excessive. Consequently, the detained gold bangles were ordered released to the Petitioner within four weeks upon payment of applicable warehousing charges. The petition was allowed, and the impugned order was quashed.
The HC set aside the Adjudicating Authority's order of absolute confiscation of four gold bangles weighing 100 grams, held to be personal effects. The Authority's finding that the bangles, due to their high purity, were prohibited goods and not jewellery was contrary to settled jurisprudence recognizing jewellery carried by passengers as bona fide personal effects. The failure to grant a personal hearing was a violation of natural justice principles. The HC ruled that confiscation without allowing payment of duty, redemption fine, or penalty was excessive. Consequently, the detained gold bangles were ordered released to the Petitioner within four weeks upon payment of applicable warehousing charges. The petition was allowed, and the impugned order was quashed.
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