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 granted ad-interim relief to the petitioners, finding a strong prima facie case based on gross delay in adjudication of a show-cause notice issued in July 2013 and finally adjudicated in September 2025. The court noted protracted procedural delay, limited earlier hearings, and that delay materially affected the impugned order. It also held that the monetary penalty levied personally on each director was prima facie disproportionate to the contravention concerning delayed reporting of foreign inward remittances and late filing of Form FC-GPR under the FEMA framework. Consequently, the HC directed ad-interim protection to the petitioners, restraining enforcement of the impugned order pending further adjudication.
The HC granted ad-interim relief to the petitioners, finding a strong prima facie case based on gross delay in adjudication of a show-cause notice issued in July 2013 and finally adjudicated in September 2025. The court noted protracted procedural delay, limited earlier hearings, and that delay materially affected the impugned order. It also held that the monetary penalty levied personally on each director was prima facie disproportionate to the contravention concerning delayed reporting of foreign inward remittances and late filing of Form FC-GPR under the FEMA framework. Consequently, the HC directed ad-interim protection to the petitioners, restraining enforcement of the impugned order pending further adjudication.
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