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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Revocation proceedings initiated against a customs broker's license were deemed invalid due to the absence of an "offense report" as mandated by Regulation 17 of the Custom Brokers Licensing Regulations, 2018. The licensing authority failed to receive the requisite offense report detailing the alleged improper activities before issuing show cause notices for revocation. The CESTAT held that the offense report is a prerequisite for commencing revocation proceedings, and its absence renders the entire process non-est and exceeding the authority's powers. The court affirmed that an offense report signifies the detection of an offense, forming the foundation for initiating action against the licensee. Consequently, the appeal challenging the revocation order was allowed due to the licensing authority's failure to comply with the regulatory requirements.
Revocation proceedings initiated against a customs broker's license were deemed invalid due to the absence of an "offense report" as mandated by Regulation 17 of the Custom Brokers Licensing Regulations, 2018. The licensing authority failed to receive the requisite offense report detailing the alleged improper activities before issuing show cause notices for revocation. The CESTAT held that the offense report is a prerequisite for commencing revocation proceedings, and its absence renders the entire process non-est and exceeding the authority's powers. The court affirmed that an offense report signifies the detection of an offense, forming the foundation for initiating action against the licensee. Consequently, the appeal challenging the revocation order was allowed due to the licensing authority's failure to comply with the regulatory requirements.
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