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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Imposition of consolidated penalty levied u/s 112(a) read with Section 114A and 114AA of Customs Act - Appellant engaged for clearance of goods on commission basis - goods declared as men’s casual shoes ‘unbranded’ - evasion of customs duty - . It is not established that the appellant has forged or falsified any of the documents which were filed before the Customs. The allegation against the appellant that he prepared and signed documents in the name of anonymous foreign seller is not substantiated as no such documents containing signature of the appellant has been brought on record. We find for these reasons, penalty under Section 114AA is not attracted. - AT
Imposition of consolidated penalty levied u/s 112(a) read with Section 114A and 114AA of Customs Act - Appellant engaged for clearance of goods on commission basis - goods declared as men’s casual shoes ‘unbranded’ - evasion of customs duty - . It is not established that the appellant has forged or falsified any of the documents which were filed before the Customs. The allegation against the appellant that he prepared and signed documents in the name of anonymous foreign seller is not substantiated as no such documents containing signature of the appellant has been brought on record. We find for these reasons, penalty under Section 114AA is not attracted. - AT
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