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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The summary focuses on the rejection of cross-examination of DRI officers and a co-noticee by the competent authority. The main objective of cross-examination is to challenge the accuracy, credibility, and reliability of testimony provided by witnesses. However, in this case, the DRI officers have no personal interest, and their statements were not relied upon by the revenue in the show cause notice. The appellant cannot direct the manner of investigation by an investigative agency, and any concerns regarding the investigation's efficacy and integrity can be brought out in the reply to the show cause notice. Section 24 of the Act clarifies that mere retraction of a statement does not invalidate its evidentiary value unless certain conditions are met. The Adjudicating Authority's decision to deny cross-examination cannot be faulted when no incriminating statement was recorded from the officers, and the appellant himself made a valid confessional statement. Section 122A of the Customs Act does not mandate cross-examination, and its grant is subject to the Adjudicating Authority's discretion based on principles of natural justice. The impugned decision denying cross-examination was taken judiciously and cannot be substituted merely because another view is possible.
The summary focuses on the rejection of cross-examination of DRI officers and a co-noticee by the competent authority. The main objective of cross-examination is to challenge the accuracy, credibility, and reliability of testimony provided by witnesses. However, in this case, the DRI officers have no personal interest, and their statements were not relied upon by the revenue in the show cause notice. The appellant cannot direct the manner of investigation by an investigative agency, and any concerns regarding the investigation's efficacy and integrity can be brought out in the reply to the show cause notice. Section 24 of the Act clarifies that mere retraction of a statement does not invalidate its evidentiary value unless certain conditions are met. The Adjudicating Authority's decision to deny cross-examination cannot be faulted when no incriminating statement was recorded from the officers, and the appellant himself made a valid confessional statement. Section 122A of the Customs Act does not mandate cross-examination, and its grant is subject to the Adjudicating Authority's discretion based on principles of natural justice. The impugned decision denying cross-examination was taken judiciously and cannot be substituted merely because another view is possible.
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