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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Penalty of penalty for abetment of the fraudulent export scheme - The appellant was accused of misdeclaration and fraudulent export of ready-made garments in order to claim undue export incentives. - The CESTAT found that proper examination procedures were followed by customs officials. It noted that the responsibility for any irregularities in the examination process cannot be solely attributed to the customs official involved. - The CESTAT found evidence supporting the allegations of misdeclaration and fraudulent export. It noted the appellant's involvement in arranging fake documents and procuring cheap quality goods for export. The Tribunal upheld the penalty imposed under section 114 of the Customs Act.
Penalty of penalty for abetment of the fraudulent export scheme - The appellant was accused of misdeclaration and fraudulent export of ready-made garments in order to claim undue export incentives. - The CESTAT found that proper examination procedures were followed by customs officials. It noted that the responsibility for any irregularities in the examination process cannot be solely attributed to the customs official involved. - The CESTAT found evidence supporting the allegations of misdeclaration and fraudulent export. It noted the appellant's involvement in arranging fake documents and procuring cheap quality goods for export. The Tribunal upheld the penalty imposed under section 114 of the Customs Act.
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