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 maintainability of appeals under the proviso to Section 129A(1), holding that the Tribunal may exercise discretion to refuse admission where the penalty determined by the impugned order falls below the monetary threshold of two lakh rupees; accordingly the appeals were dismissed as not maintainable. It also affirms a legal presumption of service under the General Clauses Act, treating speed-post dispatch as delivery and finding no rebuttal to delay/limitation objections. The Tribunal did not consider the merits of the penalty, and its dismissal does not approve the penalty imposed.
The article addresses maintainability of appeals under the proviso to Section 129A(1), holding that the Tribunal may exercise discretion to refuse admission where the penalty determined by the impugned order falls below the monetary threshold of two lakh rupees; accordingly the appeals were dismissed as not maintainable. It also affirms a legal presumption of service under the General Clauses Act, treating speed-post dispatch as delivery and finding no rebuttal to delay/limitation objections. The Tribunal did not consider the merits of the penalty, and its dismissal does not approve the penalty imposed.
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