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 imported goods, calcite powder, were classified by the department as calcium carbonate under CTH 28365000, while the appellant declared it as calcite powder falling under CTH 25369030. The department's claim was based solely on the Customs Laboratory report of Kandla, which opined that the goods were calcium carbonate. However, classification under CTH 28365000 requires conformity with IS standards and parameters, which were not tested. Additionally, Board Circulars 03/2007-Cus and 15/2019-Cus endorsed that the Customs Laboratory, Kandla lacked the facility to test the imported goods. The decision in M/S. ASIAN GRANITO INDIA LIMITED VERSUS C.C. -MUNDRA held that test reports from ill-equipped laboratories cannot be accepted. Consequently, the department's claim of classification change based solely on the Kandla Laboratory report cannot be sustained. The impugned order was set aside, and the appeal was allowed.
The imported goods, calcite powder, were classified by the department as calcium carbonate under CTH 28365000, while the appellant declared it as calcite powder falling under CTH 25369030. The department's claim was based solely on the Customs Laboratory report of Kandla, which opined that the goods were calcium carbonate. However, classification under CTH 28365000 requires conformity with IS standards and parameters, which were not tested. Additionally, Board Circulars 03/2007-Cus and 15/2019-Cus endorsed that the Customs Laboratory, Kandla lacked the facility to test the imported goods. The decision in M/S. ASIAN GRANITO INDIA LIMITED VERSUS C.C. -MUNDRA held that test reports from ill-equipped laboratories cannot be accepted. Consequently, the department's claim of classification change based solely on the Kandla Laboratory report cannot be sustained. The impugned order was set aside, and the appeal was allowed.
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