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 dismissed the petition. It held that the RDDB Act constitutes a self-contained recovery code and Rule 68B of the Second Schedule to the IT Act does not apply mandatorily to RDDB proceedings; therefore no separate three-/four-/seven-year bar can be imported into recovery actions under the RDDB Act. Jurisdiction to execute arises after the recovery certificate attains finality under ss.19 and 25, and limitation for recovery proceedings is governed by Article 136 of the Limitation Act. Sales conducted beyond the aspirational time-limits are irregular but not void; decrees affected by such defects must be assailed by appropriate appellate or review remedies, and constructive res judicata precludes collateral relitigation.
The HC dismissed the petition. It held that the RDDB Act constitutes a self-contained recovery code and Rule 68B of the Second Schedule to the IT Act does not apply mandatorily to RDDB proceedings; therefore no separate three-/four-/seven-year bar can be imported into recovery actions under the RDDB Act. Jurisdiction to execute arises after the recovery certificate attains finality under ss.19 and 25, and limitation for recovery proceedings is governed by Article 136 of the Limitation Act. Sales conducted beyond the aspirational time-limits are irregular but not void; decrees affected by such defects must be assailed by appropriate appellate or review remedies, and constructive res judicata precludes collateral relitigation.
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