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 HC held that the Policy Relaxation Committee's rejection of the petitioner's request for deemed export and terminal excise duty relief under the Foreign Trade Policy was unsustainable because it was a non-speaking order. The Committee had merely stated that no merit or hardship was found, but gave no reasons for that conclusion. As the decision was bereft of reasons, it was set aside and the matter was remanded for fresh consideration in accordance with law. The petitioner's application for policy relaxation was therefore directed to be reconsidered by the Committee within the stipulated period.
The HC held that the Policy Relaxation Committee's rejection of the petitioner's request for deemed export and terminal excise duty relief under the Foreign Trade Policy was unsustainable because it was a non-speaking order. The Committee had merely stated that no merit or hardship was found, but gave no reasons for that conclusion. As the decision was bereft of reasons, it was set aside and the matter was remanded for fresh consideration in accordance with law. The petitioner's application for policy relaxation was therefore directed to be reconsidered by the Committee within the stipulated period.
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