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 article addresses challenges to a CBIC circular mandating e-auction of uncleared goods through a public sector undertaking and the interplay with fundamental rights and administrative law. It applies the principle that freedom to carry on trade is subject to reasonable restrictions; finding such circulars may be constitutionally valid if they serve economic and public interest, and that loss of private opportunity does not equate to public-interest injury. It treats administrative circulars as not required to contain detailed reasons but permits issuance reasons to be placed in counter-affidavits for court scrutiny to dispel arbitrariness, and upholds canalisation of functions to a PSU as permissible.
The article addresses challenges to a CBIC circular mandating e-auction of uncleared goods through a public sector undertaking and the interplay with fundamental rights and administrative law. It applies the principle that freedom to carry on trade is subject to reasonable restrictions; finding such circulars may be constitutionally valid if they serve economic and public interest, and that loss of private opportunity does not equate to public-interest injury. It treats administrative circulars as not required to contain detailed reasons but permits issuance reasons to be placed in counter-affidavits for court scrutiny to dispel arbitrariness, and upholds canalisation of functions to a PSU as permissible.
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