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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Customs broker's license revocation and security deposit forfeiture were challenged due to alleged involvement in fraudulent export activities. The allegations included failure to verify documents and identities, misuse of factory stuffing permission, document forgery to avail drawback and incentives fraudulently, and value inflation through document manipulation. The Tribunal held that there was no evidence of the broker's prior knowledge of non-existent exporters or being a beneficiary of wrongly received drawbacks. The modus operandi involved forged factory stuffing permissions and export invoices signed by Central Excise Officers. However, the Department failed to prove violations under relevant Customs Broker Licensing Regulations. Consequently, the Tribunal set aside the order confirming the violations and allowed the appeal.
Customs broker's license revocation and security deposit forfeiture were challenged due to alleged involvement in fraudulent export activities. The allegations included failure to verify documents and identities, misuse of factory stuffing permission, document forgery to avail drawback and incentives fraudulently, and value inflation through document manipulation. The Tribunal held that there was no evidence of the broker's prior knowledge of non-existent exporters or being a beneficiary of wrongly received drawbacks. The modus operandi involved forged factory stuffing permissions and export invoices signed by Central Excise Officers. However, the Department failed to prove violations under relevant Customs Broker Licensing Regulations. Consequently, the Tribunal set aside the order confirming the violations and allowed the appeal.
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