Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
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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