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 involves the valuation of ship spares received via courier by the appellant, an agent for a vessel in need of urgent repairs. The appellant submitted a commercial invoice upon Customs request. The Tribunal found no intent to evade duty or fraudulent activity. The goods were eligible for duty exemption under Notification 12/2012 due to the vessel's registration in India during the contract period. Confiscation and penalties were deemed excessive for a technical breach during an emergency. The Tribunal set aside fines and penalties, allowing verification of duty exemption eligibility. The appeal was disposed of accordingly.
The case involves the valuation of ship spares received via courier by the appellant, an agent for a vessel in need of urgent repairs. The appellant submitted a commercial invoice upon Customs request. The Tribunal found no intent to evade duty or fraudulent activity. The goods were eligible for duty exemption under Notification 12/2012 due to the vessel's registration in India during the contract period. Confiscation and penalties were deemed excessive for a technical breach during an emergency. The Tribunal set aside fines and penalties, allowing verification of duty exemption eligibility. The appeal was disposed of accordingly.
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