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 SC held that appeals against orders of CESTAT lie before the HC under s. 130 of the Customs Act, endorsing the principle in Motorola; consequently, the HC's dismissal of the appellant's appeals as not maintainable was set aside. Invoking Art. 142(1), the SC directed restoration of the appeals to their original numbers on the HC docket for adjudication in accordance with law, observing that such extraordinary relief was necessary to prevent the appellant becoming remediless. The matter was remitted to the HC for disposal on merits consistent with law, and the appeal proceedings were disposed of in accordance with the Court's directions.
The SC held that appeals against orders of CESTAT lie before the HC under s. 130 of the Customs Act, endorsing the principle in Motorola; consequently, the HC's dismissal of the appellant's appeals as not maintainable was set aside. Invoking Art. 142(1), the SC directed restoration of the appeals to their original numbers on the HC docket for adjudication in accordance with law, observing that such extraordinary relief was necessary to prevent the appellant becoming remediless. The matter was remitted to the HC for disposal on merits consistent with law, and the appeal proceedings were disposed of in accordance with the Court's directions.
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