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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HC held that the appeals challenging interlocutory orders dated 15.11.2017 and 30.10.2017 were not maintainable and affirmed the third member's view on this limited issue. The HC expressly clarified that any observations made on merits in the order dated 26.07.2019 were only for deciding maintainability and shall not prejudice adjudication on merits. HC further held that, if the Adjudicating Authority ultimately passes a final order adverse to the appellants and they file a statutory appeal, they will be at liberty to assail the alleged denial of cross-examination and recall of witnesses in respect of the said interlocutory orders. The Tribunal, in such future appeal, must consider these grounds uninfluenced by earlier observations. Adjudication proceedings are to resume without further delay. Both appeals were disposed of.
HC held that the appeals challenging interlocutory orders dated 15.11.2017 and 30.10.2017 were not maintainable and affirmed the third member's view on this limited issue. The HC expressly clarified that any observations made on merits in the order dated 26.07.2019 were only for deciding maintainability and shall not prejudice adjudication on merits. HC further held that, if the Adjudicating Authority ultimately passes a final order adverse to the appellants and they file a statutory appeal, they will be at liberty to assail the alleged denial of cross-examination and recall of witnesses in respect of the said interlocutory orders. The Tribunal, in such future appeal, must consider these grounds uninfluenced by earlier observations. Adjudication proceedings are to resume without further delay. Both appeals were disposed of.
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