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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Benefit of concessional rate of Customs duty benefit on the basis of county of Origin Certificate - Malaysian Origin goods - The Tribunal examined the provisions of Notification No. 46/2011-Cus and the AIFTA Rules regarding the origin criteria for preferential tariff treatment. It found that the appellants claimed the goods to be originating in Malaysia under Rule 5 of the AIFTA Rules. Despite the department's doubts, it was observed that there was no confirmation from the Malaysian Government regarding the authenticity of the country of origin certificate. Therefore, the Tribunal ruled that without verifying the authenticity of the certificate of origins, the benefit cannot be denied.
Benefit of concessional rate of Customs duty benefit on the basis of county of Origin Certificate - Malaysian Origin goods - The Tribunal examined the provisions of Notification No. 46/2011-Cus and the AIFTA Rules regarding the origin criteria for preferential tariff treatment. It found that the appellants claimed the goods to be originating in Malaysia under Rule 5 of the AIFTA Rules. Despite the department's doubts, it was observed that there was no confirmation from the Malaysian Government regarding the authenticity of the country of origin certificate. Therefore, the Tribunal ruled that without verifying the authenticity of the certificate of origins, the benefit cannot be denied.
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