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 service of the show cause notice (SCN) on the ground that it was uploaded only in the "Additional Notices" tab was rejected, as the portal changes after 16 January 2024 made that tab visible and accessible, and the SCN issued on 17 May 2024 was shown to be available there. However, the adjudication order was held vitiated for breach of natural justice because it was passed without considering the taxpayer's submissions and contentions; additionally, the impugned time-extension notifications were noted to be under challenge before superior judicial forums. The order was set aside, time was granted to file reply to the SCN up to 30 September 2025, and a personal hearing was directed thereafter. - HC
Challenge to service of the show cause notice (SCN) on the ground that it was uploaded only in the "Additional Notices" tab was rejected, as the portal changes after 16 January 2024 made that tab visible and accessible, and the SCN issued on 17 May 2024 was shown to be available there. However, the adjudication order was held vitiated for breach of natural justice because it was passed without considering the taxpayer's submissions and contentions; additionally, the impugned time-extension notifications were noted to be under challenge before superior judicial forums. The order was set aside, time was granted to file reply to the SCN up to 30 September 2025, and a personal hearing was directed thereafter. - HC
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