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 examines the statutory limits on cancellation of partnership registration, concluding that the Deputy Commissioner lacked power to review or cancel a registration and that administrative supervision does not transfer the Registrar's statutory functions; therefore the impugned cancellation was unauthorized. It explains that Section 64 permits only rectification of register entries to conform with filed documents and is not a tool for adjudicating rival claims or cancelling registration, and that Section 21 of the General Clauses Act cannot be invoked to supply a cancellation power absent express provision. It also holds a resignation is operative only when tendered and accepted and that no fraud was proved to vitiate registration, leading to restoration of the registration certificate.
The article examines the statutory limits on cancellation of partnership registration, concluding that the Deputy Commissioner lacked power to review or cancel a registration and that administrative supervision does not transfer the Registrar's statutory functions; therefore the impugned cancellation was unauthorized. It explains that Section 64 permits only rectification of register entries to conform with filed documents and is not a tool for adjudicating rival claims or cancelling registration, and that Section 21 of the General Clauses Act cannot be invoked to supply a cancellation power absent express provision. It also holds a resignation is operative only when tendered and accepted and that no fraud was proved to vitiate registration, leading to restoration of the registration certificate.
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