Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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...
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Extended limitation could not support recovery of Special Additional Duty on goods transferred from an FTWZ to a domestic tariff area unit because the exemption practice followed directions and decisions of SEZ and FTWZ authorities, including a chartered accountant's certificate. The Tribunal found no mala fides or suppression of facts intended to evade duty. As the entire demand lay outside the normal limitation period, the extended period was unavailable and the exemption's merits required no examination. The duty demand, confiscation and penalties were set aside, and Revenue's penalty-enhancement appeal was dismissed.
Extended limitation could not support recovery of Special Additional Duty on goods transferred from an FTWZ to a domestic tariff area unit because the exemption practice followed directions and decisions of SEZ and FTWZ authorities, including a chartered accountant's certificate. The Tribunal found no mala fides or suppression of facts intended to evade duty. As the entire demand lay outside the normal limitation period, the extended period was unavailable and the exemption's merits required no examination. The duty demand, confiscation and penalties were set aside, and Revenue's penalty-enhancement appeal was dismissed.
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