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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Transaction value remains the primary customs valuation basis and cannot be rejected solely because the declared price appears low. Rule 12 requires reasonable doubt supported by evidence; NIDB data alone was insufficient where the Department did not establish undervaluation, additional consideration, flow-back, or comparability of alleged contemporaneous imports by quantity, commercial level, manufacturer, branding, quality or specifications. The article notes that invalid value enhancement defeats the consequential differential duty and interest demand. Where confiscation rests entirely on the failed undervaluation allegation and no independent misdeclaration is evidenced, confiscation, redemption fine and penalty are also unsustainable.
Transaction value remains the primary customs valuation basis and cannot be rejected solely because the declared price appears low. Rule 12 requires reasonable doubt supported by evidence; NIDB data alone was insufficient where the Department did not establish undervaluation, additional consideration, flow-back, or comparability of alleged contemporaneous imports by quantity, commercial level, manufacturer, branding, quality or specifications. The article notes that invalid value enhancement defeats the consequential differential duty and interest demand. Where confiscation rests entirely on the failed undervaluation allegation and no independent misdeclaration is evidenced, confiscation, redemption fine and penalty are also unsustainable.
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