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 petition and upheld the statutory regime: Rule 3 of the Jammu & Kashmir Brick Kiln (Regulation) Rules, 2017 compels both manufacturers and dealers to hold licences; the licensing scheme is substantive and applies equally to dealers, including those transporting bricks from outside the UT. Deputy Commissioners, notified as licensing authorities, acted within statutory powers under the Act in ordering seizures, confiscations and penalties; their actions were neither mala fide nor procedurally defective. GST registration does not supplant the licence requirement. The writ was held premature given available statutory remedies and no demonstrable excess of jurisdiction; the regulatory restriction does not violate Article 19(1)(g). Petition dismissed.
The HC dismissed the petition and upheld the statutory regime: Rule 3 of the Jammu & Kashmir Brick Kiln (Regulation) Rules, 2017 compels both manufacturers and dealers to hold licences; the licensing scheme is substantive and applies equally to dealers, including those transporting bricks from outside the UT. Deputy Commissioners, notified as licensing authorities, acted within statutory powers under the Act in ordering seizures, confiscations and penalties; their actions were neither mala fide nor procedurally defective. GST registration does not supplant the licence requirement. The writ was held premature given available statutory remedies and no demonstrable excess of jurisdiction; the regulatory restriction does not violate Article 19(1)(g). Petition dismissed.
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