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 case revolves around the issuance of a show cause notice (SCN) beyond the prescribed time limitation for an alleged violation involving the import of contraband, primarily cigarettes. The appellant obtained an investigation report dated 17.10.2014 from the Commissioner of Customs, which detailed the facts of the case and recommended initiating proceedings against the appellant for violations under various regulations of the Customs Brokers Licensing Regulations (CBLR) 2013 and 2018. The tribunal observed that since the investigation report, considered the offence report, was issued on 17.04.2014, and the SCN was issued on 06.12.2018, it was clearly barred by the limitation period. Consequently, the SCN itself did not survive the limitation period. As the SCN for revocation of license, forfeiture of security, and imposition of penalty under CBLR 2013 did not survive due to the limitation issue, the questions of revocation, forfeiture, and penalty imposition did not arise. The appeal was allowed by the CESTAT (Customs, Excise and Service Tax Appellate Tribunal).
The case revolves around the issuance of a show cause notice (SCN) beyond the prescribed time limitation for an alleged violation involving the import of contraband, primarily cigarettes. The appellant obtained an investigation report dated 17.10.2014 from the Commissioner of Customs, which detailed the facts of the case and recommended initiating proceedings against the appellant for violations under various regulations of the Customs Brokers Licensing Regulations (CBLR) 2013 and 2018. The tribunal observed that since the investigation report, considered the offence report, was issued on 17.04.2014, and the SCN was issued on 06.12.2018, it was clearly barred by the limitation period. Consequently, the SCN itself did not survive the limitation period. As the SCN for revocation of license, forfeiture of security, and imposition of penalty under CBLR 2013 did not survive due to the limitation issue, the questions of revocation, forfeiture, and penalty imposition did not arise. The appeal was allowed by the CESTAT (Customs, Excise and Service Tax Appellate Tribunal).
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