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 imported betel nuts were rightly classified under CTH 0802 8030. While the minimum import price fixed by DGFT could not be treated as tariff value for rejecting the declared transaction value, confiscation and penalties were justified. However, the redemption fine was reduced to 5% of the DGFT determined value, totaling Rs.10,95,000/- and penalty u/s 112(a) was reduced to Rs.5,00,000/-. Re-export of the goods was permitted with the reduced redemption fine. The appeal was allowed in part.
The CESTAT held that the imported betel nuts were rightly classified under CTH 0802 8030. While the minimum import price fixed by DGFT could not be treated as tariff value for rejecting the declared transaction value, confiscation and penalties were justified. However, the redemption fine was reduced to 5% of the DGFT determined value, totaling Rs.10,95,000/- and penalty u/s 112(a) was reduced to Rs.5,00,000/-. Re-export of the goods was permitted with the reduced redemption fine. The appeal was allowed in part.
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