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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Classification of micronutrient fertilizers - Presence of nitrogen as a chelating agent - essential constituent - In this remand back case from the Supreme Court, the tribunal observed that, the process lacks a chemical reaction that could justify the presence of nitrogen as an essential constituent of the product. Therefore, the Tribunal upheld the classification of the products under Chapter Subheading 3808.20 as PGR, not as "Other Fertilizers" under Chapter 3105, confirming the demands for duty with interest. Penalties imposed on the company under Rule 25 and personal penalties under Rule 26 on the Partner were deemed unwarranted due to the nature of the classification issue and interpretation of law, hence were set aside.
Classification of micronutrient fertilizers - Presence of nitrogen as a chelating agent - essential constituent - In this remand back case from the Supreme Court, the tribunal observed that, the process lacks a chemical reaction that could justify the presence of nitrogen as an essential constituent of the product. Therefore, the Tribunal upheld the classification of the products under Chapter Subheading 3808.20 as PGR, not as "Other Fertilizers" under Chapter 3105, confirming the demands for duty with interest. Penalties imposed on the company under Rule 25 and personal penalties under Rule 26 on the Partner were deemed unwarranted due to the nature of the classification issue and interpretation of law, hence were set aside.
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