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 High Court dismissed the revenue's appeal against the Tribunal's order, upholding the Tribunal's view that the Customs Broker Licensing Regulations (CBLR) 2013 do not mandate physical verification of exporters, their premises, or antecedents. The allegation was that the respondent customs broker initiated clearance without meeting the exporter's authorized person and received work through intermediaries. However, the Tribunal found this permissible under the CBLR. The Court noted that the Department did not investigate how the seal was affixed or officials' involvement. Additionally, parallel proceedings against the respondent's partner concluded favorably, with no prosecution recommended and no adverse findings by the DRI. Consequently, the Court upheld the Tribunal's plausible interpretation of the regulations, dismissing the revenue's appeal.
The High Court dismissed the revenue's appeal against the Tribunal's order, upholding the Tribunal's view that the Customs Broker Licensing Regulations (CBLR) 2013 do not mandate physical verification of exporters, their premises, or antecedents. The allegation was that the respondent customs broker initiated clearance without meeting the exporter's authorized person and received work through intermediaries. However, the Tribunal found this permissible under the CBLR. The Court noted that the Department did not investigate how the seal was affixed or officials' involvement. Additionally, parallel proceedings against the respondent's partner concluded favorably, with no prosecution recommended and no adverse findings by the DRI. Consequently, the Court upheld the Tribunal's plausible interpretation of the regulations, dismissing the revenue's appeal.
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