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 seizure of 37-38 jewellery consignments (approx. Rs.5.87 crore) during the Model Code period unlawful: the SST and District Grievance Committee violated the ECI SOP by retaining valuables beyond permissible time without recording requisite satisfaction and improperly handing them to the ITD. Proceedings under s.132B were not complied with and statutory retention exceeded 120 days. The HC quashed all s.148 proceedings against the petitioner-employee who was merely the transporter and directed that the DCIT (Central-2) (Centralized) release the consignments to the claimant-jewellers. The ITD remains at liberty to initiate proceedings against the 37 consignors/jewellers. Costs of Rs.50,000 awarded to petitioners, respondents jointly and severally liable.
The HC held the seizure of 37-38 jewellery consignments (approx. Rs.5.87 crore) during the Model Code period unlawful: the SST and District Grievance Committee violated the ECI SOP by retaining valuables beyond permissible time without recording requisite satisfaction and improperly handing them to the ITD. Proceedings under s.132B were not complied with and statutory retention exceeded 120 days. The HC quashed all s.148 proceedings against the petitioner-employee who was merely the transporter and directed that the DCIT (Central-2) (Centralized) release the consignments to the claimant-jewellers. The ITD remains at liberty to initiate proceedings against the 37 consignors/jewellers. Costs of Rs.50,000 awarded to petitioners, respondents jointly and severally liable.
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