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 CESTAT held that the Department failed to meet the burden of proof regarding the alleged misdeclaration of quantity, grade, and value of imported Mace to evade customs duties. The non-supply of the relied-upon Bill of Entry and lacunae in the analytical report on the grade of goods were fatal to the Department's case. The onus to prove that the declared price did not reflect the true transaction value is always on the Department. NIDB data cannot be directly applied unless the value falls within the parameters of identical or similar goods u/s 14 of the Customs Act, 1962 and the Customs Valuation Rules. The Department failed to establish by satisfactory methods that the declared value was incorrect. Regarding the excess quantity of 590.83 Kgs, the declared price should be adopted, and appropriate duty demanded from the importer-appellant. The re-determined value, fine, and penalties were set aside due to infirmities in the show cause notice and erroneous decision. The appeal was disposed of accordingly.
The CESTAT held that the Department failed to meet the burden of proof regarding the alleged misdeclaration of quantity, grade, and value of imported Mace to evade customs duties. The non-supply of the relied-upon Bill of Entry and lacunae in the analytical report on the grade of goods were fatal to the Department's case. The onus to prove that the declared price did not reflect the true transaction value is always on the Department. NIDB data cannot be directly applied unless the value falls within the parameters of identical or similar goods u/s 14 of the Customs Act, 1962 and the Customs Valuation Rules. The Department failed to establish by satisfactory methods that the declared value was incorrect. Regarding the excess quantity of 590.83 Kgs, the declared price should be adopted, and appropriate duty demanded from the importer-appellant. The re-determined value, fine, and penalties were set aside due to infirmities in the show cause notice and erroneous decision. The appeal was disposed of accordingly.
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