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 dismissed the writ petition filed by the petitioners challenging adjudicatory proceedings and alleged violation of natural justice. The court found petitioners were served with show-cause notices, repeatedly responded, and repeatedly failed to attend rescheduled personal hearings; re-assignment to the incumbent commissioner who originally issued notices was held regular and was not challenged in time. Alleged incompetence of the Adjudicating/Proper Officer was rejected as an afterthought. Although the final order was communicated beyond the one-month guidance in the CBEC circular, paragraph 14.10 permits exceptional delay with file recording; respondents did not produce the file but the HC found explanations for delay in the order, and dismissed the petition.
The HC dismissed the writ petition filed by the petitioners challenging adjudicatory proceedings and alleged violation of natural justice. The court found petitioners were served with show-cause notices, repeatedly responded, and repeatedly failed to attend rescheduled personal hearings; re-assignment to the incumbent commissioner who originally issued notices was held regular and was not challenged in time. Alleged incompetence of the Adjudicating/Proper Officer was rejected as an afterthought. Although the final order was communicated beyond the one-month guidance in the CBEC circular, paragraph 14.10 permits exceptional delay with file recording; respondents did not produce the file but the HC found explanations for delay in the order, and dismissed the petition.
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