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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Cancellation of GST registration for mere non-filing of returns was set aside where there was no allegation of dubious tax evasion. The HC held that continued cancellation would be counterproductive to revenue because the taxpayer could not carry on business or raise invoices, which would impede tax recovery. Following its earlier pragmatic approach, the Court restored registration conditionally on filing all pending returns for the default period and paying the requisite tax, interest, fine and penalty within the stipulated time; failing compliance, the writ petition would stand dismissed and restoration would not follow.
Cancellation of GST registration for mere non-filing of returns was set aside where there was no allegation of dubious tax evasion. The HC held that continued cancellation would be counterproductive to revenue because the taxpayer could not carry on business or raise invoices, which would impede tax recovery. Following its earlier pragmatic approach, the Court restored registration conditionally on filing all pending returns for the default period and paying the requisite tax, interest, fine and penalty within the stipulated time; failing compliance, the writ petition would stand dismissed and restoration would not follow.
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