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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The HC held that the impugned Order-in-Original and Order-in-Appeal were vitiated by breach of audi alteram partem and lack of proof of service, noting conflicting dates and adjournments contrary to the statutory regimen governing hearings. The Court found the petitioner was not afforded a fair hearing and that procedural irregularities (including multiple contrary issuance dates and absence of notice) rendered the proceedings invalid. The impugned orders are quashed and set aside, and the matter is remanded to the Adjudicating Authority for de novo adjudication in accordance with law after affording the Petitioner adequate opportunity of hearing. Petition allowed by way of remand.
The HC held that the impugned Order-in-Original and Order-in-Appeal were vitiated by breach of audi alteram partem and lack of proof of service, noting conflicting dates and adjournments contrary to the statutory regimen governing hearings. The Court found the petitioner was not afforded a fair hearing and that procedural irregularities (including multiple contrary issuance dates and absence of notice) rendered the proceedings invalid. The impugned orders are quashed and set aside, and the matter is remanded to the Adjudicating Authority for de novo adjudication in accordance with law after affording the Petitioner adequate opportunity of hearing. Petition allowed by way of remand.
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