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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Offence under FEMA - enhancement of penalty. Export obligations not completed within prescribed period for 21 foreign remittances, constituting technical contravention. Section 13(1) FEMA allows maximum penalty of three times the contravention amount, without prescribing fixed or minimum penalty. Adjudicating Authority's discretion to impose judicious penalty based on case facts. Export proceeds realized with delay, indicating no intention to contravene substantive provisions. Penalty of Rs. 2 lakh each on both noticees meets ends of justice for technical contraventions. Adjudicating Authority's order cannot be interfered with, as reasons for penalty imposition are reasonable. Appellate Tribunal upholds the order.
Offence under FEMA - enhancement of penalty. Export obligations not completed within prescribed period for 21 foreign remittances, constituting technical contravention. Section 13(1) FEMA allows maximum penalty of three times the contravention amount, without prescribing fixed or minimum penalty. Adjudicating Authority's discretion to impose judicious penalty based on case facts. Export proceeds realized with delay, indicating no intention to contravene substantive provisions. Penalty of Rs. 2 lakh each on both noticees meets ends of justice for technical contraventions. Adjudicating Authority's order cannot be interfered with, as reasons for penalty imposition are reasonable. Appellate Tribunal upholds the order.
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