Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Under FEMA, pre-deposit of penalty is the rule and waiver is an exception available only on proof of undue hardship, with protective conditions for recovery. The Tribunal had already exercised that discretion by granting substantial relief, and the High Court found no clear prima facie case for total waiver, as the petitioners' own case showed awareness that the remittances attracted FEMA. It also held that no perversity, unreasonableness or non-application of mind was shown in the hardship assessment, and that supervisory jurisdiction under Article 227 cannot be used to reappreciate the Tribunal's discretion. The Tribunal's order was therefore upheld in principle, with only the immediate cash pre-deposit reduced to 5% and the balance to be secured by bank guarantee or surety.
Under FEMA, pre-deposit of penalty is the rule and waiver is an exception available only on proof of undue hardship, with protective conditions for recovery. The Tribunal had already exercised that discretion by granting substantial relief, and the High Court found no clear prima facie case for total waiver, as the petitioners' own case showed awareness that the remittances attracted FEMA. It also held that no perversity, unreasonableness or non-application of mind was shown in the hardship assessment, and that supervisory jurisdiction under Article 227 cannot be used to reappreciate the Tribunal's discretion. The Tribunal's order was therefore upheld in principle, with only the immediate cash pre-deposit reduced to 5% and the balance to be secured by bank guarantee or surety.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
