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...
Reliable and corroborative evidence is required to support allegations that duty-free imports under a DEEC licence were diverted and that fraudulent exports were made. Official export documentation, manufacturing confirmation, export-proceeds realisation and a criminal-court-accepted closure report were treated as material circumstances; suspicion, unreconciled gaps and uncorroborated assertions could not establish diversion. A duty demand cannot be confirmed on classification, product-description or licence-amendment grounds absent from the show cause notice. Retracted or inconsistent Customs Act statements require independent corroboration and compliance with statutory safeguards. Where the alleged fraud lacks evidentiary support, penalties for abetment or connivance lack an independent foundation. The duty demand, interest and penalties were set aside.
Reliable and corroborative evidence is required to support allegations that duty-free imports under a DEEC licence were diverted and that fraudulent exports were made. Official export documentation, manufacturing confirmation, export-proceeds realisation and a criminal-court-accepted closure report were treated as material circumstances; suspicion, unreconciled gaps and uncorroborated assertions could not establish diversion. A duty demand cannot be confirmed on classification, product-description or licence-amendment grounds absent from the show cause notice. Retracted or inconsistent Customs Act statements require independent corroboration and compliance with statutory safeguards. Where the alleged fraud lacks evidentiary support, penalties for abetment or connivance lack an independent foundation. The duty demand, interest and penalties were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
