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 that DRI officials are "proper officers" under Section 28 of the Customs Act, 1962, a position conclusively settled by the Supreme Court in Canon-II. The challenge to the jurisdiction of DRI officials to issue the Show Cause Notice (SCN) was dismissed. Regarding the absence of pre-SCN consultation as mandated by the Regulations, the Adjudicating Authority provided valid reasons for dispensing with such notice. The Order-in-Original passed during the writ petition's pendency is appealable before the CESTAT under Section 129A of the Customs Act. The petitioner is entitled to raise all grievances, including the pre-notice consultation issue, before the appellate forum. Consequently, the writ petition was disposed of, affirming the authority of DRI officials and directing the petitioner to seek remedies through the prescribed appellate mechanism.
The HC held that DRI officials are "proper officers" under Section 28 of the Customs Act, 1962, a position conclusively settled by the Supreme Court in Canon-II. The challenge to the jurisdiction of DRI officials to issue the Show Cause Notice (SCN) was dismissed. Regarding the absence of pre-SCN consultation as mandated by the Regulations, the Adjudicating Authority provided valid reasons for dispensing with such notice. The Order-in-Original passed during the writ petition's pendency is appealable before the CESTAT under Section 129A of the Customs Act. The petitioner is entitled to raise all grievances, including the pre-notice consultation issue, before the appellate forum. Consequently, the writ petition was disposed of, affirming the authority of DRI officials and directing the petitioner to seek remedies through the prescribed appellate mechanism.
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