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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The dominant issue was whether any part of the cause of action arose within the Court's territorial jurisdiction to entertain a writ challenging final findings in an anti-dumping investigation. Applying the test that jurisdiction depends on pleaded facts showing that the cause of action arose wholly or in part within the territory, the Court held that a mere apprehension that business in the forum State may be affected by a future notification did not constitute an integral or essential fact giving rise to the dispute. Since the alleged violation of fair procedure and other infirmities in the final findings occurred at the seat of the designated authority outside the territory, the Court declined to examine merits or alternative remedy and dismissed the writ petition for want of territorial jurisdiction. - HC
The dominant issue was whether any part of the cause of action arose within the Court's territorial jurisdiction to entertain a writ challenging final findings in an anti-dumping investigation. Applying the test that jurisdiction depends on pleaded facts showing that the cause of action arose wholly or in part within the territory, the Court held that a mere apprehension that business in the forum State may be affected by a future notification did not constitute an integral or essential fact giving rise to the dispute. Since the alleged violation of fair procedure and other infirmities in the final findings occurred at the seat of the designated authority outside the territory, the Court declined to examine merits or alternative remedy and dismissed the writ petition for want of territorial jurisdiction. - HC
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