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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Notification No. 12/2012-Cus was treated as prospective because its saving clause preserved things done or omitted under the earlier notification, showing no intention of retrospective operation. Customs duty could not be imposed later on vessels already imported into India in 2009 merely because they were subsequently sought to be converted from foreign-going vessel status to coastal run. The HC followed the prior view on the same issue and held that the demand for duty was illegal; the writ petition was allowed and the bank guarantees furnished under interim orders were directed to be discontinued.
Notification No. 12/2012-Cus was treated as prospective because its saving clause preserved things done or omitted under the earlier notification, showing no intention of retrospective operation. Customs duty could not be imposed later on vessels already imported into India in 2009 merely because they were subsequently sought to be converted from foreign-going vessel status to coastal run. The HC followed the prior view on the same issue and held that the demand for duty was illegal; the writ petition was allowed and the bank guarantees furnished under interim orders were directed to be discontinued.
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