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 CESTAT, by majority, dismissed the Revenue's appeal for want of maintainability under the CBIC litigation policy, finding the tax effect below the monetary threshold for adjudication before the Tribunal. The Judicial Member's view-upholding dismissal on the policy ground-prevailed over the Technical Member's call for a reference to a Larger Bench in light of a contrary Benches' decision. The Tribunal held that consistent decisions of the Supreme Court, High Courts and several Benches on the same issue obviate a Larger Bench reference. The matter is to be placed before the Regular Division Bench for recording the majority view and the appeal is dismissed.
The CESTAT, by majority, dismissed the Revenue's appeal for want of maintainability under the CBIC litigation policy, finding the tax effect below the monetary threshold for adjudication before the Tribunal. The Judicial Member's view-upholding dismissal on the policy ground-prevailed over the Technical Member's call for a reference to a Larger Bench in light of a contrary Benches' decision. The Tribunal held that consistent decisions of the Supreme Court, High Courts and several Benches on the same issue obviate a Larger Bench reference. The matter is to be placed before the Regular Division Bench for recording the majority view and the appeal is dismissed.
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