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 case involving alleged undervaluation of imported goods and demand of illegal gratification by a Customs officer. The Tribunal found the statements of co-accused relied upon by the adjudicating authority were not reliable evidence against the appellant as cross-examination was denied. No specific allegation proved that the appellant's act rendered the goods liable for confiscation. Statements did not implicate appellant in receiving money. Penalties u/ss 112 and 114AA of the Customs Act were set aside as there was no sustainable ground to impose them on the appellant. The order imposing penalties could not be upheld due to lack of evidence.
Customs case involving alleged undervaluation of imported goods and demand of illegal gratification by a Customs officer. The Tribunal found the statements of co-accused relied upon by the adjudicating authority were not reliable evidence against the appellant as cross-examination was denied. No specific allegation proved that the appellant's act rendered the goods liable for confiscation. Statements did not implicate appellant in receiving money. Penalties u/ss 112 and 114AA of the Customs Act were set aside as there was no sustainable ground to impose them on the appellant. The order imposing penalties could not be upheld due to lack of evidence.
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