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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Valuation of goods transacted between related persons - Royalty addition - The Appellate Tribunal scrutinized the jurisdictional implications and competence of the reviewing authority in making such a directive. - They found that the directive lacked a legal basis due to procedural irregularities and jurisdictional limitations. The Tribunal criticized the absence of proper notice and justification under relevant customs laws. They also questioned the competence of the reviewing authority to challenge the decision of the Deputy Commissioner, SVB, without sufficient cause for grievance. - In conclusion, the Tribunal set aside the impugned order and remanded the appeal to the first appellate authority for proper consideration in accordance with the scheme of Customs Act, 1962.
Valuation of goods transacted between related persons - Royalty addition - The Appellate Tribunal scrutinized the jurisdictional implications and competence of the reviewing authority in making such a directive. - They found that the directive lacked a legal basis due to procedural irregularities and jurisdictional limitations. The Tribunal criticized the absence of proper notice and justification under relevant customs laws. They also questioned the competence of the reviewing authority to challenge the decision of the Deputy Commissioner, SVB, without sufficient cause for grievance. - In conclusion, the Tribunal set aside the impugned order and remanded the appeal to the first appellate authority for proper consideration in accordance with the scheme of Customs Act, 1962.
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