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 court dismissed the appeal, upholding the CESTAT's order allowing provisional release of a seized vehicle upon fulfillment of policy condition (II)(iii) of Chapter 87 regarding import of vehicles at the Indian port before clearance for home consumption. The court relied on the Kerala High Court's judgment in Commissioner of Customs vs. Ankineedu Manganti, which held that the approval certificate from VRDE or ARAI under the policy condition is only to ensure compliance with legal requirements for vehicle registration and operation on roads. In the present case, since the vehicle was already registered under the Motor Vehicles Act, 1988, it implied compliance with the stipulations for operation on Indian roads, rendering the policy condition satisfied.
The court dismissed the appeal, upholding the CESTAT's order allowing provisional release of a seized vehicle upon fulfillment of policy condition (II)(iii) of Chapter 87 regarding import of vehicles at the Indian port before clearance for home consumption. The court relied on the Kerala High Court's judgment in Commissioner of Customs vs. Ankineedu Manganti, which held that the approval certificate from VRDE or ARAI under the policy condition is only to ensure compliance with legal requirements for vehicle registration and operation on roads. In the present case, since the vehicle was already registered under the Motor Vehicles Act, 1988, it implied compliance with the stipulations for operation on Indian roads, rendering the policy condition satisfied.
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