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 allegations of fraudulent ITC availment involve complex factual issues unsuitable for adjudication in writ jurisdiction, especially where departmental proceedings and detailed orders exist. Noting that the petitioner had received an email and was obliged to participate, the Court found any defect in DRC-07 to be inadvertent, not fatal. HC declined to set aside the impugned order and DRC-07, instead directing the petitioner to avail the statutory appellate remedy under Section 107 CGST Act. It permitted filing of appeal against the order and DRC-07 by a specified extended date, insulating such appeal from dismissal on limitation grounds.
HC held that allegations of fraudulent ITC availment involve complex factual issues unsuitable for adjudication in writ jurisdiction, especially where departmental proceedings and detailed orders exist. Noting that the petitioner had received an email and was obliged to participate, the Court found any defect in DRC-07 to be inadvertent, not fatal. HC declined to set aside the impugned order and DRC-07, instead directing the petitioner to avail the statutory appellate remedy under Section 107 CGST Act. It permitted filing of appeal against the order and DRC-07 by a specified extended date, insulating such appeal from dismissal on limitation grounds.
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