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 held that under s.159(1)-(2)(b) the legal representative is liable for tax liabilities of the deceased and proceedings capable of being taken against the deceased may be continued against the legal representative. The court found no merit in challenges to jurisdiction or limitation of notices issued post-death, observing the petitioner failed to notify the Department of the death; assessments properly remained in the name of the deceased with liability to be fastened on legal representatives. The HC rejected jurisdictional/limitation pleas to the extent raised, quashed the impugned orders, and remitted the matter to the 1st respondent for a fresh merits adjudication; the remand bars relitigation of limitation or jurisdiction.
The HC held that under s.159(1)-(2)(b) the legal representative is liable for tax liabilities of the deceased and proceedings capable of being taken against the deceased may be continued against the legal representative. The court found no merit in challenges to jurisdiction or limitation of notices issued post-death, observing the petitioner failed to notify the Department of the death; assessments properly remained in the name of the deceased with liability to be fastened on legal representatives. The HC rejected jurisdictional/limitation pleas to the extent raised, quashed the impugned orders, and remitted the matter to the 1st respondent for a fresh merits adjudication; the remand bars relitigation of limitation or jurisdiction.
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