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 once a valid declaration under SVLDRS was filed and a Discharge Certificate issued, all tax dues for the relevant period stood settled, absent any allegation of falsity, misstatement or suppression. The subsequent demand of interest and penalty by letters and show cause notices, despite such discharge, was held to be ex facie contrary to Sections 124, 126, 128 and 129 of the Finance Act, 2019 and violative of Article 265. HC directed the revenue authority to treat the petitioner's declaration under the "investigation" category and extend the consequential statutory reliefs. The impugned demands were quashed and the petition allowed.
HC held that once a valid declaration under SVLDRS was filed and a Discharge Certificate issued, all tax dues for the relevant period stood settled, absent any allegation of falsity, misstatement or suppression. The subsequent demand of interest and penalty by letters and show cause notices, despite such discharge, was held to be ex facie contrary to Sections 124, 126, 128 and 129 of the Finance Act, 2019 and violative of Article 265. HC directed the revenue authority to treat the petitioner's declaration under the "investigation" category and extend the consequential statutory reliefs. The impugned demands were quashed and the petition allowed.
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