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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Section 124 of the Customs Act, 1962 does not impose any time limitation for issuing a show cause notice (SCN) for confiscation or penalty imposition. The appellant's plea of the notice being time-barred u/ss 111(m) or 124 cannot be accepted due to the absence of a time limit envisaged in these provisions. The reliance on the case of COMMISSIONER OF CUSTOMS VERSUS MMK JEWELLERS & ANOTHER is inapplicable as it pertained to a notice u/s 28 and penalty u/s 114(A). Based on the Mumbai Police report, it is evident that the imported car was mis-declared by tampering the chassis number and year of manufacture, warranting value redetermination at Rs.10,86,735/- u/r 5 of the Customs Valuation Rules, 1988.
Section 124 of the Customs Act, 1962 does not impose any time limitation for issuing a show cause notice (SCN) for confiscation or penalty imposition. The appellant's plea of the notice being time-barred u/ss 111(m) or 124 cannot be accepted due to the absence of a time limit envisaged in these provisions. The reliance on the case of COMMISSIONER OF CUSTOMS VERSUS MMK JEWELLERS & ANOTHER is inapplicable as it pertained to a notice u/s 28 and penalty u/s 114(A). Based on the Mumbai Police report, it is evident that the imported car was mis-declared by tampering the chassis number and year of manufacture, warranting value redetermination at Rs.10,86,735/- u/r 5 of the Customs Valuation Rules, 1988.
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