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 an earlier unsuccessful writ challenge to a show-cause notice did not bar the appellant from contesting the seizure of jewellery in later confiscation proceedings under the Customs Act, 1962. The Court found that the seizure challenge had not been examined on its own merits, and that refusing to hear it would deprive the appellant of a meaningful defence. It therefore permitted the appellant to question the validity of the seizure and the proposed confiscation in the pending proceedings, and directed that reasonable time be granted if needed for effective participation. The Court did not decide the legality of the seizure on merits.
The HC held that an earlier unsuccessful writ challenge to a show-cause notice did not bar the appellant from contesting the seizure of jewellery in later confiscation proceedings under the Customs Act, 1962. The Court found that the seizure challenge had not been examined on its own merits, and that refusing to hear it would deprive the appellant of a meaningful defence. It therefore permitted the appellant to question the validity of the seizure and the proposed confiscation in the pending proceedings, and directed that reasonable time be granted if needed for effective participation. The Court did not decide the legality of the seizure on merits.
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