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 held that the plea of want of territorial jurisdiction was untenable and declined to apply forum conveniens to oust constitutionally conferred jurisdiction where nexus exists between the cause of action and the Court. On merits, the Court found no subsisting show-cause notice or cognizable offence; proceedings pursuant to the 2016 SCN were dropped and the Order in Original in favour of the petitioner, upheld by CESTAT, remains operable without any stay. The HC further recorded absence of evidence that the petitioner was informed of any LOC and noted renunciation of Indian citizenship predated the first LOC. Subject to the petitioner filing an affidavit undertaking to cooperate and produce documents, the impugned LOC is quashed and the petition is disposed.
HC held that the plea of want of territorial jurisdiction was untenable and declined to apply forum conveniens to oust constitutionally conferred jurisdiction where nexus exists between the cause of action and the Court. On merits, the Court found no subsisting show-cause notice or cognizable offence; proceedings pursuant to the 2016 SCN were dropped and the Order in Original in favour of the petitioner, upheld by CESTAT, remains operable without any stay. The HC further recorded absence of evidence that the petitioner was informed of any LOC and noted renunciation of Indian citizenship predated the first LOC. Subject to the petitioner filing an affidavit undertaking to cooperate and produce documents, the impugned LOC is quashed and the petition is disposed.
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