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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Material recovered in a search at a third party's premises could validly support proceedings against another person under the second Explanation to Section 148, even though the searched person's case was under an interim restraint and the search might later be challenged. The Court held that such interim protection was only prima facie and did not declare the search illegal or nullify the material seized. Validity of the notice had to be tested on the date of issue, when no stay operated against the search proceedings. Later invalidation of the search would not undo jurisdiction already validly exercised or vitiate proceedings already initiated. The writ petition was dismissed.
Material recovered in a search at a third party's premises could validly support proceedings against another person under the second Explanation to Section 148, even though the searched person's case was under an interim restraint and the search might later be challenged. The Court held that such interim protection was only prima facie and did not declare the search illegal or nullify the material seized. Validity of the notice had to be tested on the date of issue, when no stay operated against the search proceedings. Later invalidation of the search would not undo jurisdiction already validly exercised or vitiate proceedings already initiated. The writ petition was dismissed.
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