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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Notification No. 165/2003-Cus. dated 12.11.2003 excluded reflective glass from Anti-Dumping Duty (ADD), but Notification No. 6/2009 did not. Notification No. 51/2009 dated 22.05.2009 allowed exclusion of reflective glass from ADD. Between 06.01.2009 to 22.05.2009, there was no exemption for reflective glass from ADD. The imported goods being green and blue reflective glass, exemption was not available during this period. The contention that exemption continued from Notification 165/2003 till 51/2009 is untenable as 'reflective glass' was not covered by any Notification from 06.01.2009 to 22.05.2009. The Tribunal's decision is based on Supreme Court judgments in Dilip Kumar and State of Gujarat Vs. Arcelor Mittal Nippon Steel India Ltd. The appeal is not sustainable.
Notification No. 165/2003-Cus. dated 12.11.2003 excluded reflective glass from Anti-Dumping Duty (ADD), but Notification No. 6/2009 did not. Notification No. 51/2009 dated 22.05.2009 allowed exclusion of reflective glass from ADD. Between 06.01.2009 to 22.05.2009, there was no exemption for reflective glass from ADD. The imported goods being green and blue reflective glass, exemption was not available during this period. The contention that exemption continued from Notification 165/2003 till 51/2009 is untenable as 'reflective glass' was not covered by any Notification from 06.01.2009 to 22.05.2009. The Tribunal's decision is based on Supreme Court judgments in Dilip Kumar and State of Gujarat Vs. Arcelor Mittal Nippon Steel India Ltd. The appeal is not sustainable.
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