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 the impugned adjudication suffered from jurisdictional error and breach of natural justice by travelling beyond the show cause notice and relying on adverse material without confrontation. The Court held that an adjudication cannot confirm a demand far in excess of the proposed demand and must provide the noticee a fair opportunity to meet adverse material; otherwise, the order is vitiated and writ jurisdiction may be invoked despite the availability of an appellate remedy. The matter was directed to proceed afresh by supplying the adverse material, permitting objections within a month, and granting a personal hearing on advance notice, and the petition was disposed of accordingly - HC
The dominant issue was whether the impugned adjudication suffered from jurisdictional error and breach of natural justice by travelling beyond the show cause notice and relying on adverse material without confrontation. The Court held that an adjudication cannot confirm a demand far in excess of the proposed demand and must provide the noticee a fair opportunity to meet adverse material; otherwise, the order is vitiated and writ jurisdiction may be invoked despite the availability of an appellate remedy. The matter was directed to proceed afresh by supplying the adverse material, permitting objections within a month, and granting a personal hearing on advance notice, and the petition was disposed of accordingly - HC
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