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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Appellant exported 15,000 MT of iron ore with 58.61% Fe content on WMT basis. Customs duty was provisionally paid at Rs. 300/PMT instead of applicable rate of Rs. 50/PMT for Fe content below 62% as per notification. Following Supreme Court and Tribunal precedents, it was held that Fe content determination on WMT basis is correct. Appellant is eligible for refund of excess duty paid. Impugned orders set aside, matter remanded to adjudicating authority for finalizing assessment and granting eligible refund.
Appellant exported 15,000 MT of iron ore with 58.61% Fe content on WMT basis. Customs duty was provisionally paid at Rs. 300/PMT instead of applicable rate of Rs. 50/PMT for Fe content below 62% as per notification. Following Supreme Court and Tribunal precedents, it was held that Fe content determination on WMT basis is correct. Appellant is eligible for refund of excess duty paid. Impugned orders set aside, matter remanded to adjudicating authority for finalizing assessment and granting eligible refund.
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