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 directed that, since the appellate fact-finding by the ITAT attained finality and the petitioner paid the assessed arrears in accordance with the tribunal's order, no further recovery proceedings could be lawfully pursued and the existing attachment must be lifted. Relying on the mandate of s.225(2) of the IT Act, the court ordered the Tax Recovery Officer (TRO) to vacate the attachment dated 10.12.2021 and notify the concerned respondent within four weeks; the receiving respondent was ordered to remove encumbrances in the entry certificate forthwith upon receipt. The court emphasized that the Department remains free to seek recovery only if it succeeds in any subsequent appeal.
The HC directed that, since the appellate fact-finding by the ITAT attained finality and the petitioner paid the assessed arrears in accordance with the tribunal's order, no further recovery proceedings could be lawfully pursued and the existing attachment must be lifted. Relying on the mandate of s.225(2) of the IT Act, the court ordered the Tax Recovery Officer (TRO) to vacate the attachment dated 10.12.2021 and notify the concerned respondent within four weeks; the receiving respondent was ordered to remove encumbrances in the entry certificate forthwith upon receipt. The court emphasized that the Department remains free to seek recovery only if it succeeds in any subsequent appeal.
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