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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This case pertains to an alleged offense under FEMA involving bogus purported exports with inflated invoices to obtain export benefits, where the goods never reached the destination. The key points are: the Adjudicating Authority relied on statements recorded during investigation u/s 37 of FEMA, along with corroborating documentary evidence. The appellant sought cross-examination of witnesses, which was denied as the case was primarily based on documentary evidence. The Tribunal held that cross-examination is material only when the case relies solely on oral statements without documentary evidence. Tribunals are not bound by Civil Procedure Code and can adopt summary procedures. The appellant's request for cross-examination was seen as an attempt to delay proceedings without disclosing his defense. The appeal was dismissed, directing the Adjudicating Authority to conclude proceedings based on evidence, while allowing the appellant to file a reply and the Authority to examine witnesses if required in the interest of justice.
This case pertains to an alleged offense under FEMA involving bogus purported exports with inflated invoices to obtain export benefits, where the goods never reached the destination. The key points are: the Adjudicating Authority relied on statements recorded during investigation u/s 37 of FEMA, along with corroborating documentary evidence. The appellant sought cross-examination of witnesses, which was denied as the case was primarily based on documentary evidence. The Tribunal held that cross-examination is material only when the case relies solely on oral statements without documentary evidence. Tribunals are not bound by Civil Procedure Code and can adopt summary procedures. The appellant's request for cross-examination was seen as an attempt to delay proceedings without disclosing his defense. The appeal was dismissed, directing the Adjudicating Authority to conclude proceedings based on evidence, while allowing the appellant to file a reply and the Authority to examine witnesses if required in the interest of justice.
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