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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Levy of penalty u/s 114(iii) and 114AA of the Customs Act, 1962 on Customs House Agent (CHA) - Misuse of signature by an employee of the CHA - attempt to avail fraudulent drawback benefits - The Tribunal noted discrepancies between declared values and actual goods, confirming the Revenue's assessment. Lack of evidence from the appellant to refute these claims further strengthened the Revenue's position. Despite the appellant's claims of signature misuse, no concrete evidence was presented. The Tribunal emphasized the appellant's responsibility as a CHA to verify documents properly. The appellant's failure to prevent misuse of his license, despite past suspensions, was deemed significant. - The Tribunal upheld the penalty.
Levy of penalty u/s 114(iii) and 114AA of the Customs Act, 1962 on Customs House Agent (CHA) - Misuse of signature by an employee of the CHA - attempt to avail fraudulent drawback benefits - The Tribunal noted discrepancies between declared values and actual goods, confirming the Revenue's assessment. Lack of evidence from the appellant to refute these claims further strengthened the Revenue's position. Despite the appellant's claims of signature misuse, no concrete evidence was presented. The Tribunal emphasized the appellant's responsibility as a CHA to verify documents properly. The appellant's failure to prevent misuse of his license, despite past suspensions, was deemed significant. - The Tribunal upheld the penalty.
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