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 impugned order refusing the stay application concerning demand/partial payment is cryptic and devoid of any application of mind to the specific grounds advanced by the applicant; accordingly the impugned order is set aside and the matter is remitted to the CIT (Exemption) for de novo consideration. The CIT (Exemption) is directed to frame and decide the stay application on the merits, dealing with each pleaded ground, and to pass a reasoned order in accordance with law within a reasonable time, preferably within four weeks from receipt of a copy of this order. Costs are left in the discretion of the remitting authority.
The HC held that the impugned order refusing the stay application concerning demand/partial payment is cryptic and devoid of any application of mind to the specific grounds advanced by the applicant; accordingly the impugned order is set aside and the matter is remitted to the CIT (Exemption) for de novo consideration. The CIT (Exemption) is directed to frame and decide the stay application on the merits, dealing with each pleaded ground, and to pass a reasoned order in accordance with law within a reasonable time, preferably within four weeks from receipt of a copy of this order. Costs are left in the discretion of the remitting authority.
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