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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HC quashed the Public Notice issued by the first respondent dated 12.02.2021 and allowed the petition. The court held the Notice conflicted with applicable customs guidance by treating local tax recovery inconsistently, and mischaracterised levy responsibilities: IGST paid on import is distinct from GST payable under the CGST regime on a subsequent auction sale. Upon transfer of title at auction the purchaser ceases to be an importer, and collection of GST on the bid price falls within GST law, not the issuing authority's competence. As the Notice contravened the statutory scheme governing customs and GST and was issued without jurisdiction, it was declared wholly without authority and set aside.
HC quashed the Public Notice issued by the first respondent dated 12.02.2021 and allowed the petition. The court held the Notice conflicted with applicable customs guidance by treating local tax recovery inconsistently, and mischaracterised levy responsibilities: IGST paid on import is distinct from GST payable under the CGST regime on a subsequent auction sale. Upon transfer of title at auction the purchaser ceases to be an importer, and collection of GST on the bid price falls within GST law, not the issuing authority's competence. As the Notice contravened the statutory scheme governing customs and GST and was issued without jurisdiction, it was declared wholly without authority and set aside.
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