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 on CHA - The appellate tribunal examined the case where penalties were imposed on appellants for allegedly failing to verify the antecedents of an importer before clearing a consignment as a Customs House Agent (CHA). Despite allegations, it was found that there was no evidence implicating the appellants in any wrongdoing related to the misdeclaration of goods. Moreover, as similar proceedings had been initiated under the Customs Brokers Licensing Regulations and subsequently revoked by the High Court, the tribunal concluded that any issues regarding antecedent verification should have been addressed through these regulations rather than penalties under the Customs Act. Consequently, the penalties imposed on the appellants were dropped, and the impugned order was set aside.
Levy of penalty on CHA - The appellate tribunal examined the case where penalties were imposed on appellants for allegedly failing to verify the antecedents of an importer before clearing a consignment as a Customs House Agent (CHA). Despite allegations, it was found that there was no evidence implicating the appellants in any wrongdoing related to the misdeclaration of goods. Moreover, as similar proceedings had been initiated under the Customs Brokers Licensing Regulations and subsequently revoked by the High Court, the tribunal concluded that any issues regarding antecedent verification should have been addressed through these regulations rather than penalties under the Customs Act. Consequently, the penalties imposed on the appellants were dropped, and the impugned order was set aside.
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