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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CESTAT held that officers of DGCEI appointed under s.4(1) before 06.07.2011 were validly clothed with assessment and s.28(1) powers pursuant to the Validation Act and subsequent statutory amendments; the issuance of a show cause notice by those officers was legally competent and suffers no infirmity. Separately, the appeal abated under Rule 22 of the CESTAT (Procedure) Rules, 1982 following the death of all partners and dissolution of the partnership firm; while the absence of procedural provisions for recovery from legal representatives does not extinguish substantive liability, the appellate remedy terminated by operation of law and required judicial cognizance to record abatement.
CESTAT held that officers of DGCEI appointed under s.4(1) before 06.07.2011 were validly clothed with assessment and s.28(1) powers pursuant to the Validation Act and subsequent statutory amendments; the issuance of a show cause notice by those officers was legally competent and suffers no infirmity. Separately, the appeal abated under Rule 22 of the CESTAT (Procedure) Rules, 1982 following the death of all partners and dissolution of the partnership firm; while the absence of procedural provisions for recovery from legal representatives does not extinguish substantive liability, the appellate remedy terminated by operation of law and required judicial cognizance to record abatement.
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