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 broker's license suspension case involving violations of Regulations 10(d) and 10(e) of Customs Brokers Licensing Regulations (CBLR), 2018. Gross mis-declaration of quantity, description, and nature of goods with intent to evade applicable customs duty. Delay in issuing show cause notice and submission of inquiry report. Initiation of inquiry proceedings under Regulations 14, 17, and 18 for CBLR violations and levy of penalty. Violation of Regulation 10(d) upheld as broker failed to file bills of entry per correct documents, advise importers on proper declaration and duty payment, and inform customs authorities about doubts. Violation of Regulation 10(e) not sustainable as charges framed under separate CBLR proceedings requiring specific findings based on inquiry. Slight delay in issuing show cause notice and submitting inquiry report, but adjudication completed within prescribed time. Penalty of Rs.10,000/- imposed for failure to be proactive under Regulation 10(d). License revocation and security deposit forfeiture set aside due to lack of Regulation 10(e) violation. Appeal allowed in favor of appellants with reduced penalty.
Customs broker's license suspension case involving violations of Regulations 10(d) and 10(e) of Customs Brokers Licensing Regulations (CBLR), 2018. Gross mis-declaration of quantity, description, and nature of goods with intent to evade applicable customs duty. Delay in issuing show cause notice and submission of inquiry report. Initiation of inquiry proceedings under Regulations 14, 17, and 18 for CBLR violations and levy of penalty. Violation of Regulation 10(d) upheld as broker failed to file bills of entry per correct documents, advise importers on proper declaration and duty payment, and inform customs authorities about doubts. Violation of Regulation 10(e) not sustainable as charges framed under separate CBLR proceedings requiring specific findings based on inquiry. Slight delay in issuing show cause notice and submitting inquiry report, but adjudication completed within prescribed time. Penalty of Rs.10,000/- imposed for failure to be proactive under Regulation 10(d). License revocation and security deposit forfeiture set aside due to lack of Regulation 10(e) violation. Appeal allowed in favor of appellants with reduced penalty.
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