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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Revocation of the custom broker license - The Tribunal observed that the CHA fulfilled their obligations by advising clients based on the information available, which didn't indicate SCOMET-listed items. The CHA's role wasn't to conduct technical inspections but to process documents for customs clearance. Upon examining the SCOMET list amendment and comparing it with the exported goods, the Tribunal found no similarity to classify the goods as SCOMET-listed. Lack of awareness among customs authorities and CHA regarding the applicability of the amendment further supported the CHA's position. Allegations regarding the correctness of IEC numbers were deemed irrelevant, as no fraud or incorrectness was indicated. Ultimately, the Tribunal overturned the penalties imposed on the CHA, citing a lack of violation of CBLR obligations.
Revocation of the custom broker license - The Tribunal observed that the CHA fulfilled their obligations by advising clients based on the information available, which didn't indicate SCOMET-listed items. The CHA's role wasn't to conduct technical inspections but to process documents for customs clearance. Upon examining the SCOMET list amendment and comparing it with the exported goods, the Tribunal found no similarity to classify the goods as SCOMET-listed. Lack of awareness among customs authorities and CHA regarding the applicability of the amendment further supported the CHA's position. Allegations regarding the correctness of IEC numbers were deemed irrelevant, as no fraud or incorrectness was indicated. Ultimately, the Tribunal overturned the penalties imposed on the CHA, citing a lack of violation of CBLR obligations.
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