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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The case involved the classification of the product "Liv 52 Protec" as either an 'Animal Feed Supplement' or an 'Ayurvedic Medicament' under Central Excise Tariff Act. The Tribunal held that the product should be classified under Chapter Heading 3004 as an Ayurvedic medicament, not as an animal feed supplement under Chapter Heading 2309. The product's ingredients and properties supported its classification as an Ayurvedic medicament. The extended period for duty demand was deemed inapplicable as the appellant had disclosed all relevant information. Penalties under Section 11AC and Rule 25 of Central Excise Rules were dropped due to the classification issue. The appeal was disposed of partly in favor of the appellant.
The case involved the classification of the product "Liv 52 Protec" as either an 'Animal Feed Supplement' or an 'Ayurvedic Medicament' under Central Excise Tariff Act. The Tribunal held that the product should be classified under Chapter Heading 3004 as an Ayurvedic medicament, not as an animal feed supplement under Chapter Heading 2309. The product's ingredients and properties supported its classification as an Ayurvedic medicament. The extended period for duty demand was deemed inapplicable as the appellant had disclosed all relevant information. Penalties under Section 11AC and Rule 25 of Central Excise Rules were dropped due to the classification issue. The appeal was disposed of partly in favor of the appellant.
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