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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Smuggling - Absolute confiscation of the twelve gold biscuits of foreign origin - The Tribunal noted a lack of conclusive evidence showing the gold was of foreign origin or smuggled. The purity levels indicated were below international standards for pure gold, which further cast doubt on the claim that it was of foreign origin. The Tribunal highlighted that the appellant's statements, which were crucial to the prosecution's case, were retracted and claimed to be made under duress. Without other corroborative evidence, these statements were deemed unreliable for convicting the appellant. - The Tribunal set aside of the order for confiscation and penalty.
Smuggling - Absolute confiscation of the twelve gold biscuits of foreign origin - The Tribunal noted a lack of conclusive evidence showing the gold was of foreign origin or smuggled. The purity levels indicated were below international standards for pure gold, which further cast doubt on the claim that it was of foreign origin. The Tribunal highlighted that the appellant's statements, which were crucial to the prosecution's case, were retracted and claimed to be made under duress. Without other corroborative evidence, these statements were deemed unreliable for convicting the appellant. - The Tribunal set aside of the order for confiscation and penalty.
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