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 case pertains to the classification of imported Clear Float Glass (CFG) from Malaysia under the Customs Tariff Heading (CTH) 7005 1090 or 7005 2990, and its eligibility for exemption under Notification No. 46/2011-Cus. The appellant was alleged to have willfully misclassified CFG under CTH 7005 1090 to avail undue FTA benefit, resulting in short levy of customs duty. The Tribunal held that CFG is appropriately classifiable under CTH 7005 1090, making it eligible for exemption under the said Notification. The invocation of the extended period of limitation and imposition of penalties were found unsustainable as the appellant did not suppress or misdeclare any facts. The Tribunal set aside the Order-in-Original, allowing the appeal.
The case pertains to the classification of imported Clear Float Glass (CFG) from Malaysia under the Customs Tariff Heading (CTH) 7005 1090 or 7005 2990, and its eligibility for exemption under Notification No. 46/2011-Cus. The appellant was alleged to have willfully misclassified CFG under CTH 7005 1090 to avail undue FTA benefit, resulting in short levy of customs duty. The Tribunal held that CFG is appropriately classifiable under CTH 7005 1090, making it eligible for exemption under the said Notification. The invocation of the extended period of limitation and imposition of penalties were found unsustainable as the appellant did not suppress or misdeclare any facts. The Tribunal set aside the Order-in-Original, allowing the appeal.
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