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 the writ petition challenging proceedings for fraudulent availment of ITC to be not maintainable in view of the efficacious alternative statutory remedy under Section 107 of the CGST Act. Observing that such matters involve complex factual disputes, voluminous evidence and detailed departmental orders, the Court declined to exercise writ jurisdiction, particularly when the SCN was duly uploaded on the portal and the petitioner failed to file a satisfactory reply. Alleged violation of principles of natural justice was rejected as a ground for bypassing the appellate mechanism. The petitioner was relegated to pursue the statutory appeal, and the petition was disposed of.
HC held the writ petition challenging proceedings for fraudulent availment of ITC to be not maintainable in view of the efficacious alternative statutory remedy under Section 107 of the CGST Act. Observing that such matters involve complex factual disputes, voluminous evidence and detailed departmental orders, the Court declined to exercise writ jurisdiction, particularly when the SCN was duly uploaded on the portal and the petitioner failed to file a satisfactory reply. Alleged violation of principles of natural justice was rejected as a ground for bypassing the appellate mechanism. The petitioner was relegated to pursue the statutory appeal, and the petition was disposed of.
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