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 case pertains to the classification and duty liability assessment of imported 'diagnostic reagents' u/s 17 of the Customs Act, 1962. The denial of benefit under Notification No. 50/2017-Cus and application of Serial No. 453 of Schedule III of IGST Notification No. 01/2017 for integrated tax discharge u/s 3(7) of the Customs Tariff Act were affirmed. The appellant's claim for assessment under Tariff Item 3822 0090 was denied, and the lack of a 'speaking order' as per Section 17(5) of the Customs Act was not considered. The appellant acquiesced to the higher duty burden due to the 'proper officer's' absolute power. The misdirection of 'self-assessment' and affirmation of re-assessment without material evidence invalidated it ab initio. The Appellate Tribunal set aside the impugned order, restored the bills of entry before the original authority for disposal u/s 17 of the Customs Act, and allowed the appeals by way of remand.
The case pertains to the classification and duty liability assessment of imported 'diagnostic reagents' u/s 17 of the Customs Act, 1962. The denial of benefit under Notification No. 50/2017-Cus and application of Serial No. 453 of Schedule III of IGST Notification No. 01/2017 for integrated tax discharge u/s 3(7) of the Customs Tariff Act were affirmed. The appellant's claim for assessment under Tariff Item 3822 0090 was denied, and the lack of a 'speaking order' as per Section 17(5) of the Customs Act was not considered. The appellant acquiesced to the higher duty burden due to the 'proper officer's' absolute power. The misdirection of 'self-assessment' and affirmation of re-assessment without material evidence invalidated it ab initio. The Appellate Tribunal set aside the impugned order, restored the bills of entry before the original authority for disposal u/s 17 of the Customs Act, and allowed the appeals by way of remand.
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