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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In a prosecution alleging fraudulent availment of ITC without actual movement of goods, the court assessed whether continued custody was justified in light of safeguards governing GST arrest and settled bail principles. Relying on binding precedent, it held that arrest must rest on recorded "reasons to believe" supported by material satisfying statutory conditions, and the arrestee must be furnished written grounds of arrest to enable an effective challenge and bail under constitutional and statutory protections. It further applied the test that severity alone cannot defeat bail and emphasised flight risk and witness tampering as key considerations. On the cumulative assessment, bail was granted subject to bonds and conditions. - HC
In a prosecution alleging fraudulent availment of ITC without actual movement of goods, the court assessed whether continued custody was justified in light of safeguards governing GST arrest and settled bail principles. Relying on binding precedent, it held that arrest must rest on recorded "reasons to believe" supported by material satisfying statutory conditions, and the arrestee must be furnished written grounds of arrest to enable an effective challenge and bail under constitutional and statutory protections. It further applied the test that severity alone cannot defeat bail and emphasised flight risk and witness tampering as key considerations. On the cumulative assessment, bail was granted subject to bonds and conditions. - HC
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