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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Transaction value must be accepted as assessable value unless proven incorrect through independent evidence, mere reference to NIDB data insufficient. Onus on Department to demonstrate how relationship between importer and overseas supplier influenced prices. No evidence that agreed values incorrect, original authority recorded relationship did not affect invoice price. NIDB data cannot be sole basis for value enhancement without establishing comparability in quality, quantity, origin, commercial factors affecting transaction value. Lack of communication to appellant regarding doubts on declared transaction value violates Customs Valuation Rules, 2007. Impugned order set aside, appeal allowed by Appellate Tribunal.
Transaction value must be accepted as assessable value unless proven incorrect through independent evidence, mere reference to NIDB data insufficient. Onus on Department to demonstrate how relationship between importer and overseas supplier influenced prices. No evidence that agreed values incorrect, original authority recorded relationship did not affect invoice price. NIDB data cannot be sole basis for value enhancement without establishing comparability in quality, quantity, origin, commercial factors affecting transaction value. Lack of communication to appellant regarding doubts on declared transaction value violates Customs Valuation Rules, 2007. Impugned order set aside, appeal allowed by Appellate Tribunal.
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