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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Classification of imported aluminum formwork structure with accessories under the appropriate customs tariff heading. The key points are: The goods should be classified under Customs Tariff Heading 7610 90 10 as aluminum structures similar to equipment for scaffolding, shuttering, propping or pit-propping, rather than under Heading 8480 60 00. The Revenue failed to challenge the self-assessment by the appellant under the Bills-of-Entry before issuing the demand notice. The adjudicating and appellate authorities exceeded the scope of the Show Cause Notice by denying the benefit of the Notification without specifying the conditions not fulfilled, depriving the appellant of an opportunity to defend their case. Consequently, the impugned order is set aside, and the appeal is allowed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
Classification of imported aluminum formwork structure with accessories under the appropriate customs tariff heading. The key points are: The goods should be classified under Customs Tariff Heading 7610 90 10 as aluminum structures similar to equipment for scaffolding, shuttering, propping or pit-propping, rather than under Heading 8480 60 00. The Revenue failed to challenge the self-assessment by the appellant under the Bills-of-Entry before issuing the demand notice. The adjudicating and appellate authorities exceeded the scope of the Show Cause Notice by denying the benefit of the Notification without specifying the conditions not fulfilled, depriving the appellant of an opportunity to defend their case. Consequently, the impugned order is set aside, and the appeal is allowed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).
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