Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
Levy of Social Welfare Surcharge (SWS) on Goods Imported under MEIS Scheme - Benefit of Exemption Notification No. 32/2005-Cus. - benefit of Zero duty SWS - The Tribunal held that since BCD was 'zero' due to exemption, the SWS calculated at 10% of such 'zero' BCD should also be 'zero'. The Tribunal relied on Section 110(3) of the Finance Act, 2018 and Circular No. 3/2022-Customs dated 01.02.2022, clarifying that SWS is 'Nil' where the aggregate of customs duties is zero. The appeals were allowed in favor of the appellants.
Levy of Social Welfare Surcharge (SWS) on Goods Imported under MEIS Scheme - Benefit of Exemption Notification No. 32/2005-Cus. - benefit of Zero duty SWS - The Tribunal held that since BCD was 'zero' due to exemption, the SWS calculated at 10% of such 'zero' BCD should also be 'zero'. The Tribunal relied on Section 110(3) of the Finance Act, 2018 and Circular No. 3/2022-Customs dated 01.02.2022, clarifying that SWS is 'Nil' where the aggregate of customs duties is zero. The appeals were allowed in favor of the appellants.
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