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 allowed the petition, set aside the impugned proceedings dated 13.6.2024 and directed respondents 4 and 5 to pay statutory interest under s.27A on the drawback amount from 12.12.1994 until actual payment in accordance with s.75A of the Customs Act, 1962. The court held that s.75A creates a statutory right to interest where drawback payable under ss.74/75 is not paid within one month of claim filing, and that interest runs from the date of filing the claim (subject to the one-month threshold), not from sanction; the prior administrative interpretation was contrary to the plain statutory language. Petition dismissed in part only as unnecessary; overall petition allowed.
The HC allowed the petition, set aside the impugned proceedings dated 13.6.2024 and directed respondents 4 and 5 to pay statutory interest under s.27A on the drawback amount from 12.12.1994 until actual payment in accordance with s.75A of the Customs Act, 1962. The court held that s.75A creates a statutory right to interest where drawback payable under ss.74/75 is not paid within one month of claim filing, and that interest runs from the date of filing the claim (subject to the one-month threshold), not from sanction; the prior administrative interpretation was contrary to the plain statutory language. Petition dismissed in part only as unnecessary; overall petition allowed.
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