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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A writ petition challenging denial of transitional credit under Section 140 of the CGST Act was held maintainable because the requested relief was correction of revised TRAN-1 and TRAN-2 forms, a remedy beyond the effective power of the statutory appellate authorities. The Court accepted that the revised forms were filed under a bona fide mistake, noted that the original credit claim had been substantially verified as eligible, and found that refusing correction would create double taxation with no allegation of tax evasion. It therefore quashed the assessment order and consequential demand, permitted rectification of the forms, and remitted the matter for fresh adjudication after hearing and production of supporting documents.
A writ petition challenging denial of transitional credit under Section 140 of the CGST Act was held maintainable because the requested relief was correction of revised TRAN-1 and TRAN-2 forms, a remedy beyond the effective power of the statutory appellate authorities. The Court accepted that the revised forms were filed under a bona fide mistake, noted that the original credit claim had been substantially verified as eligible, and found that refusing correction would create double taxation with no allegation of tax evasion. It therefore quashed the assessment order and consequential demand, permitted rectification of the forms, and remitted the matter for fresh adjudication after hearing and production of supporting documents.
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