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 AT dismissed the substitution applications, holding it lacks statutory authority under the PMLA to order substitution of attached property. The Tribunal found the HC order relied on was consensual and non-precedential, the SC decision factually distinguishable, and a recent HC ratio permitting substitution in cases of equivalent value inapplicable to expand AT's jurisdiction. Emphasizing that writ relief is an extraordinary remedy vested in HC/SC and that the AT is a statutory forum confined to PMLA powers, the Tribunal concluded it cannot exercise equitable substitution powers absent express legislative conferral. Applications by the applicants to permit substitution of jointly owned attached properties were therefore refused.
The AT dismissed the substitution applications, holding it lacks statutory authority under the PMLA to order substitution of attached property. The Tribunal found the HC order relied on was consensual and non-precedential, the SC decision factually distinguishable, and a recent HC ratio permitting substitution in cases of equivalent value inapplicable to expand AT's jurisdiction. Emphasizing that writ relief is an extraordinary remedy vested in HC/SC and that the AT is a statutory forum confined to PMLA powers, the Tribunal concluded it cannot exercise equitable substitution powers absent express legislative conferral. Applications by the applicants to permit substitution of jointly owned attached properties were therefore refused.
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