Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
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Notification No. 45/2025-Customs is construed strictly: DSIR recognition is a necessary but not sufficient condition, because the importer must also show that each item is a notified consumable, essential for approved research, supported by the prescribed certificate, and actually used for the stated end use. On that basis, pre-Exhibit Batch R&D imports consumed or substantially used in experimentation, formulation, validation and related research can qualify, subject to full compliance with the conditions. Imports linked to the Exhibit Batch do not qualify if the goods are transferred to the manufacturing facility, or if the manufacturing facility itself imports them, because the eligible importer requirement and transfer prohibition are not met.
Notification No. 45/2025-Customs is construed strictly: DSIR recognition is a necessary but not sufficient condition, because the importer must also show that each item is a notified consumable, essential for approved research, supported by the prescribed certificate, and actually used for the stated end use. On that basis, pre-Exhibit Batch R&D imports consumed or substantially used in experimentation, formulation, validation and related research can qualify, subject to full compliance with the conditions. Imports linked to the Exhibit Batch do not qualify if the goods are transferred to the manufacturing facility, or if the manufacturing facility itself imports them, because the eligible importer requirement and transfer prohibition are not met.
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