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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Customs Tribunal held that restrictions on import of new vehicles through designated ports under Foreign Trade Policy do not apply to vehicles imported in completely knocked down (CKD) condition. Expression 'motor vehicles' in relevant policy condition includes only completely built units, not CKD condition vehicles. Rule 126 of Central Motor Vehicle Rules requires prototype testing and approval, which is not possible for unassembled CKD vehicles. Relying on Delhi High Court judgment, Tribunal observed that term 'motor vehicle' in policy conditions can only apply to complete vehicles, not CKD or incomplete vehicles. Importing motorcycles in CKD condition through non-designated ICD did not violate any prohibition, hence no confiscation, redemption fine or penalty was imposable. Impugned order set aside, appeal allowed.
Customs Tribunal held that restrictions on import of new vehicles through designated ports under Foreign Trade Policy do not apply to vehicles imported in completely knocked down (CKD) condition. Expression 'motor vehicles' in relevant policy condition includes only completely built units, not CKD condition vehicles. Rule 126 of Central Motor Vehicle Rules requires prototype testing and approval, which is not possible for unassembled CKD vehicles. Relying on Delhi High Court judgment, Tribunal observed that term 'motor vehicle' in policy conditions can only apply to complete vehicles, not CKD or incomplete vehicles. Importing motorcycles in CKD condition through non-designated ICD did not violate any prohibition, hence no confiscation, redemption fine or penalty was imposable. Impugned order set aside, appeal allowed.
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