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 Tribunal's order exonerating assessees from customs duty and penalty for undervaluation during import displayed inconsistency. It selectively relied on statements of Rakesh Magoo and John Miranda without holistic consideration. The Tribunal must re-evaluate all facts and evidence to reach a reasoned conclusion as the final fact-finding authority. The clearing agency's penalty was upheld. The matter concerning Rakesh Magoo and John Miranda was remanded to the Tribunal for fresh adjudication per law. Appeals by revenue and assessees were allowed.
The Tribunal's order exonerating assessees from customs duty and penalty for undervaluation during import displayed inconsistency. It selectively relied on statements of Rakesh Magoo and John Miranda without holistic consideration. The Tribunal must re-evaluate all facts and evidence to reach a reasoned conclusion as the final fact-finding authority. The clearing agency's penalty was upheld. The matter concerning Rakesh Magoo and John Miranda was remanded to the Tribunal for fresh adjudication per law. Appeals by revenue and assessees were allowed.
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