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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Anti-Dumping Duty - Undervaluation of imported Flax yarn from sister companies / concerns - re-determined assessable value - The tribunal upheld the appellants' preliminary objection that the case was not decided within the time-frame stipulated in Section 28(9) of the Customs Act, and no extension was granted by a senior officer, rendering the order unsustainable. The tribunal found that the differential ADD demand was based on unreliable evidence, including a dubious letter from Tung Ga. The tribunal held that the invoices submitted by the appellants were genuine, and the demand was set aside. The tribunal rejected the undervaluation allegation, finding that it was based on fabricated and uncertified emails from a trade rival. The original transaction values declared by the appellants were upheld.
Anti-Dumping Duty - Undervaluation of imported Flax yarn from sister companies / concerns - re-determined assessable value - The tribunal upheld the appellants' preliminary objection that the case was not decided within the time-frame stipulated in Section 28(9) of the Customs Act, and no extension was granted by a senior officer, rendering the order unsustainable. The tribunal found that the differential ADD demand was based on unreliable evidence, including a dubious letter from Tung Ga. The tribunal held that the invoices submitted by the appellants were genuine, and the demand was set aside. The tribunal rejected the undervaluation allegation, finding that it was based on fabricated and uncertified emails from a trade rival. The original transaction values declared by the appellants were upheld.
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