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 appellants imported parts classified under different tariff headings used in the manufacture of outdoor cabinets called 'telecom racks'. These outdoor cabinets were supplied to M/s Ericsson India Pvt. Ltd., who mounted the outdoor BTS inside the cabinets to generate signals as a 'Base Trans receiver Station'. The Tribunal held that the appellants were not eligible for the benefit of exemption under Notification No. 21/2002-Cus. dated 01.03.2002 and Notification No. 12/2012-Cus. dated 17.03.2012 for the imported parts used in manufacturing outdoor cabinets/telecom racks, which were subsequently used by M/s Ericsson in the manufacture of BTS for telecom service providers. However, the extended period of limitation and penalties imposed were set aside as the appellants correctly declared the goods, and no facts were suppressed. The demand for duty was upheld, but restricted to the normal period with interest. The denial of the benefit of the notifications was upheld, and the appeal was allowed to the extent mentioned.
The appellants imported parts classified under different tariff headings used in the manufacture of outdoor cabinets called 'telecom racks'. These outdoor cabinets were supplied to M/s Ericsson India Pvt. Ltd., who mounted the outdoor BTS inside the cabinets to generate signals as a 'Base Trans receiver Station'. The Tribunal held that the appellants were not eligible for the benefit of exemption under Notification No. 21/2002-Cus. dated 01.03.2002 and Notification No. 12/2012-Cus. dated 17.03.2012 for the imported parts used in manufacturing outdoor cabinets/telecom racks, which were subsequently used by M/s Ericsson in the manufacture of BTS for telecom service providers. However, the extended period of limitation and penalties imposed were set aside as the appellants correctly declared the goods, and no facts were suppressed. The demand for duty was upheld, but restricted to the normal period with interest. The denial of the benefit of the notifications was upheld, and the appeal was allowed to the extent mentioned.
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