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 quasi-judicial tribunal must give a reasoned, speaking order that links the controversy to its conclusion. A summary rejection of a stay application in a smuggling matter was held unsustainable because it did not address the Revenue's case on disputed procurement documents or the statutory presumption and reversal of burden under Section 123 of the Customs Act for foreign-origin gold. The cryptic disposal was treated as non-application of mind. The impugned order was set aside and the matter remanded for fresh consideration of the stay application and appeal after hearing both sides, with interim protection continuing in favour of the Department until a fresh decision.
A quasi-judicial tribunal must give a reasoned, speaking order that links the controversy to its conclusion. A summary rejection of a stay application in a smuggling matter was held unsustainable because it did not address the Revenue's case on disputed procurement documents or the statutory presumption and reversal of burden under Section 123 of the Customs Act for foreign-origin gold. The cryptic disposal was treated as non-application of mind. The impugned order was set aside and the matter remanded for fresh consideration of the stay application and appeal after hearing both sides, with interim protection continuing in favour of the Department until a fresh decision.
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