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 allowed the petition and set aside the impugned orders issued under section 73 of the GST Act and the consequential equal-amount penalty, holding that the adjudicating and appellate authorities violated principles of natural justice by failing to consider the petitioner's evidentiary materials and submissions. The court found the record demonstrated outward supplies supported by tax invoices, e-way bills and bank statements and that tax had been discharged, whereas the authorities proceeded on the premise of alleged inward supplies from a non-existent firm without verifying the petitioner's documentation. In consequence, the HC quashed the orders and remitted the matter for fresh consideration in accordance with law and natural justice.
The HC allowed the petition and set aside the impugned orders issued under section 73 of the GST Act and the consequential equal-amount penalty, holding that the adjudicating and appellate authorities violated principles of natural justice by failing to consider the petitioner's evidentiary materials and submissions. The court found the record demonstrated outward supplies supported by tax invoices, e-way bills and bank statements and that tax had been discharged, whereas the authorities proceeded on the premise of alleged inward supplies from a non-existent firm without verifying the petitioner's documentation. In consequence, the HC quashed the orders and remitted the matter for fresh consideration in accordance with law and natural justice.
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