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 held that the tender documents required bidders to quote prices exclusive of GST; clause 1.8(G) expressly made rates inclusive of all taxes, duties and levies but excluding GST and GST Compensation Cess. The payment of GST by the service availer to the successful bidder is contingent upon the bidder's submission of a proper bill/invoice and filing of valid GST returns in accordance with statutory provisions. The court found respondent authorities acted arbitrarily in treating quoted prices as inclusive of GST and noted the existence of a subsequent tender specifying GST-inclusive pricing. The petition was allowed and disposed of, directing adherence to the tender terms regarding GST treatment.
The HC held that the tender documents required bidders to quote prices exclusive of GST; clause 1.8(G) expressly made rates inclusive of all taxes, duties and levies but excluding GST and GST Compensation Cess. The payment of GST by the service availer to the successful bidder is contingent upon the bidder's submission of a proper bill/invoice and filing of valid GST returns in accordance with statutory provisions. The court found respondent authorities acted arbitrarily in treating quoted prices as inclusive of GST and noted the existence of a subsequent tender specifying GST-inclusive pricing. The petition was allowed and disposed of, directing adherence to the tender terms regarding GST treatment.
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