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 CESTAT held that the Customs Broker did not violate Regulation 10(n) of CBLR by accepting IECs and GSTINs issued by government authorities. The Customs Broker's obligation is limited to verifying that the documents were indeed issued by the concerned officers, not ensuring their correctness. The onus cannot extend to verifying if the officers correctly issued the certificates. The Customs Broker's responsibility does not include continuous surveillance on the client's operations or address changes. Once address verification is complete, subsequent changes by the client without informing authorities cannot be held against the Customs Broker. The Customs Broker discharged its responsibilities under Regulation 10(n), and the order concluding violation was incorrect. The appeal was allowed, and the impugned order was set aside.
The CESTAT held that the Customs Broker did not violate Regulation 10(n) of CBLR by accepting IECs and GSTINs issued by government authorities. The Customs Broker's obligation is limited to verifying that the documents were indeed issued by the concerned officers, not ensuring their correctness. The onus cannot extend to verifying if the officers correctly issued the certificates. The Customs Broker's responsibility does not include continuous surveillance on the client's operations or address changes. Once address verification is complete, subsequent changes by the client without informing authorities cannot be held against the Customs Broker. The Customs Broker discharged its responsibilities under Regulation 10(n), and the order concluding violation was incorrect. The appeal was allowed, and the impugned order was set aside.
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