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, holding that the two SCNs relate to the same matter and the discharge certificate issued under the SVLDR Scheme conclusively terminates proceedings arising from those SCNs. The Court held petitioners are not ineligible under Section 125(1)(a) and their declarations under the Scheme stand valid. Redemption fine arising from seizure and release is a consequence of non-payment of excise duty and falls within the ambit of "duty"/"penalty" under the SVLDR Scheme, so it is covered by the Scheme's settlement mechanism; applicable percentages under Section 129 apply and any appellate pre-deposit is deductible under Section 124(2) though not refundable.
The HC allowed the petition, holding that the two SCNs relate to the same matter and the discharge certificate issued under the SVLDR Scheme conclusively terminates proceedings arising from those SCNs. The Court held petitioners are not ineligible under Section 125(1)(a) and their declarations under the Scheme stand valid. Redemption fine arising from seizure and release is a consequence of non-payment of excise duty and falls within the ambit of "duty"/"penalty" under the SVLDR Scheme, so it is covered by the Scheme's settlement mechanism; applicable percentages under Section 129 apply and any appellate pre-deposit is deductible under Section 124(2) though not refundable.
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