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 appellant should not be blamed for the delay in filing the bill of entry due to system-related faults. Section 11(4) does not require an importer to update bond details manually. Defects in linking the bond module and ICES by the department cannot deny an importer's statutory compliance. The Commissioner (Appeals) rightly allowed the duty rate as on 26/09/2018 after a 6-7 month delay, as the appellant attempted filing the bill of entry before the rate change notification. Importers should not be penalized for system faults. The appeal was disposed of, as remanding the matter would involve fresh investigation beyond the original authority's purview.
The CESTAT held that the appellant should not be blamed for the delay in filing the bill of entry due to system-related faults. Section 11(4) does not require an importer to update bond details manually. Defects in linking the bond module and ICES by the department cannot deny an importer's statutory compliance. The Commissioner (Appeals) rightly allowed the duty rate as on 26/09/2018 after a 6-7 month delay, as the appellant attempted filing the bill of entry before the rate change notification. Importers should not be penalized for system faults. The appeal was disposed of, as remanding the matter would involve fresh investigation beyond the original authority's purview.
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