Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
