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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Classification of imported goods - Applicable rate of Basic Customs Duty (BCD) - Despite the appellant's claim that they were not sold as toys but as imported parts, the tribunal emphasized how the goods were perceived in the market. It cited Rule 2(a) of the General Rules of Interpretation of the Import Tariff, which considers incomplete or unfinished articles to be classified as the complete or finished article if they retain its essential character. The tribunal concluded that the imported goods were indeed parts of plastic toys and should be classified as such, attracting the higher BCD.
Classification of imported goods - Applicable rate of Basic Customs Duty (BCD) - Despite the appellant's claim that they were not sold as toys but as imported parts, the tribunal emphasized how the goods were perceived in the market. It cited Rule 2(a) of the General Rules of Interpretation of the Import Tariff, which considers incomplete or unfinished articles to be classified as the complete or finished article if they retain its essential character. The tribunal concluded that the imported goods were indeed parts of plastic toys and should be classified as such, attracting the higher BCD.
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