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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Challenge to dismissal of an excise appeal and refusal to restore the condonation application turned on whether "sufficient cause" existed for (i) the initial 98-day delay and (ii) the seven-year delay in seeking restoration. The record showed repeated negligence: belated filing, failure to file an affidavit despite directions, non-appearance, and an inordinate restoration delay. Financial constraint and closure of operations were treated as mere excuses, not a credible explanation, consistent with the principle that delay cannot be condoned absent bona fide diligence. The writ court found no grounds to interfere with the tribunal's discretionary refusal to condone/restore and dismissed the petition - HC
Challenge to dismissal of an excise appeal and refusal to restore the condonation application turned on whether "sufficient cause" existed for (i) the initial 98-day delay and (ii) the seven-year delay in seeking restoration. The record showed repeated negligence: belated filing, failure to file an affidavit despite directions, non-appearance, and an inordinate restoration delay. Financial constraint and closure of operations were treated as mere excuses, not a credible explanation, consistent with the principle that delay cannot be condoned absent bona fide diligence. The writ court found no grounds to interfere with the tribunal's discretionary refusal to condone/restore and dismissed the petition - HC
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