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...
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Foreign-exchange remittances for purported non-physical software imports require reliable proof of actual import. A Customs intimation, a pre-import Chartered Accountant valuation report, and a later expert certificate based on company-supplied CDs did not establish receipt of software in the relevant period; the company's FEMA contravention was therefore sustained, although its penalty was reduced for financial duress. An officer in charge who signed remittance documents, admitted that the software received had no value, and failed to show due diligence to prevent the breach was vicariously liable under FEMA. The officer's liability was maintained, with a reduced penalty.
Foreign-exchange remittances for purported non-physical software imports require reliable proof of actual import. A Customs intimation, a pre-import Chartered Accountant valuation report, and a later expert certificate based on company-supplied CDs did not establish receipt of software in the relevant period; the company's FEMA contravention was therefore sustained, although its penalty was reduced for financial duress. An officer in charge who signed remittance documents, admitted that the software received had no value, and failed to show due diligence to prevent the breach was vicariously liable under FEMA. The officer's liability was maintained, with a reduced penalty.
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