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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Profiteering under the GST regime was found where the Respondent accepted the DGAP-calculated excess and complainants withdrew complaints; the Tribunal directs the Respondent to pass on the profiteered amount of Rs.98,72,474 to homebuyers and to pay applicable interest under Rule 133(3)(b) of the CGST Rules, 2017, with compliance reporting to the jurisdictional CGST/SGST Commissioner and DGAP within prescribed timelines. The Tribunal also holds that penalty under the post 2020 penalty provision applies because the contravention period spans 01.07.2017 to 31.03.2024, making penalty leviable under the applicable statutory provision for profiteering.
Profiteering under the GST regime was found where the Respondent accepted the DGAP-calculated excess and complainants withdrew complaints; the Tribunal directs the Respondent to pass on the profiteered amount of Rs.98,72,474 to homebuyers and to pay applicable interest under Rule 133(3)(b) of the CGST Rules, 2017, with compliance reporting to the jurisdictional CGST/SGST Commissioner and DGAP within prescribed timelines. The Tribunal also holds that penalty under the post 2020 penalty provision applies because the contravention period spans 01.07.2017 to 31.03.2024, making penalty leviable under the applicable statutory provision for profiteering.
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