Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
The challenge to cancellation of scrips and imposition of penalty was correctly relegated to the statutory appellate remedy, leaving those issues open before the competent authority. However, the communication marking the appellant to the Denied Entity List was quashed because it effectively disabled import-export operations and was issued without the written notice, disclosure of grounds, opportunity to represent, and hearing required for suspension or cancellation of an Importer-exporter Code. The Court treated this as a breach of natural justice and non-compliance with the statutory procedure, while granting liberty to proceed afresh with a compliant notice.
The challenge to cancellation of scrips and imposition of penalty was correctly relegated to the statutory appellate remedy, leaving those issues open before the competent authority. However, the communication marking the appellant to the Denied Entity List was quashed because it effectively disabled import-export operations and was issued without the written notice, disclosure of grounds, opportunity to represent, and hearing required for suspension or cancellation of an Importer-exporter Code. The Court treated this as a breach of natural justice and non-compliance with the statutory procedure, while granting liberty to proceed afresh with a compliant notice.
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