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 examination report established that the imported goods consisted partly of Heavy Melting Scrap and partly Iron Rods, though declared as only Heavy Melting Scrap. The appellant requested reassessment, and the classification and valuation undertaken by the Revenue were not disputed. The appellant cannot challenge the classification after clearing the goods based on the examination report. While the appellant inadvertently received Iron Rods along with the scrap, misdeclaration cannot be alleged as all documents declared the goods as Heavy Metal Scrap. Confiscation u/ss 111(l) and (m), redemption fine, and penalty u/s 112(a) of the Customs Act were set aside. However, the demand for duty was confirmed. The impugned order was modified to the extent of setting aside redemption fine and penalty. The appeal was disposed of accordingly, considering the Tribunal's precedent in a similar case.
The examination report established that the imported goods consisted partly of Heavy Melting Scrap and partly Iron Rods, though declared as only Heavy Melting Scrap. The appellant requested reassessment, and the classification and valuation undertaken by the Revenue were not disputed. The appellant cannot challenge the classification after clearing the goods based on the examination report. While the appellant inadvertently received Iron Rods along with the scrap, misdeclaration cannot be alleged as all documents declared the goods as Heavy Metal Scrap. Confiscation u/ss 111(l) and (m), redemption fine, and penalty u/s 112(a) of the Customs Act were set aside. However, the demand for duty was confirmed. The impugned order was modified to the extent of setting aside redemption fine and penalty. The appeal was disposed of accordingly, considering the Tribunal's precedent in a similar case.
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