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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Mis-declaration: The department issued a show cause notice alleging mis-declaration of imported goods as "printing paper" instead of "newsprint," based on a contradictory test report from CPPRI, Saharanpur, which found the ash content to be less than 8%. However, the ash content is irrelevant for the classification under Chapter 48.02, where the criteria is mechanical wood pulp content. The CPPRI report contradicted the department's own CRCL, Pusa report, which was initially accepted. The department failed to provide evidence supporting the CPPRI report, including details of sample testing procedures. The Tribunal held that the CPPRI report was an afterthought, obtained without following proper procedures and without giving the importer an opportunity to represent against it. Since the department had already acted upon the CRCL report and released the goods, and there was no justification to reopen the assessment, the Tribunal dismissed the department's appeal, finding no infirmity in the order under challenge.
Mis-declaration: The department issued a show cause notice alleging mis-declaration of imported goods as "printing paper" instead of "newsprint," based on a contradictory test report from CPPRI, Saharanpur, which found the ash content to be less than 8%. However, the ash content is irrelevant for the classification under Chapter 48.02, where the criteria is mechanical wood pulp content. The CPPRI report contradicted the department's own CRCL, Pusa report, which was initially accepted. The department failed to provide evidence supporting the CPPRI report, including details of sample testing procedures. The Tribunal held that the CPPRI report was an afterthought, obtained without following proper procedures and without giving the importer an opportunity to represent against it. Since the department had already acted upon the CRCL report and released the goods, and there was no justification to reopen the assessment, the Tribunal dismissed the department's appeal, finding no infirmity in the order under challenge.
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