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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CESTAT held that appellant-importer is liable to pay interest for delayed payment of SAD u/s 28AB of Customs Act, 1962. However, penalties imposed on appellant-importer u/ss 114A and 114AA, and on CHA u/s 112(a)(ii) were set aside as conditions for invoking these provisions were not met. Confiscation of imported goods was denied as goods were cleared after due permission. Proceedings against company officials were rightly dropped by adjudicating authority. Interest already paid by appellant-importer to be appropriated against interest liability. Appeals disposed of accordingly.
CESTAT held that appellant-importer is liable to pay interest for delayed payment of SAD u/s 28AB of Customs Act, 1962. However, penalties imposed on appellant-importer u/ss 114A and 114AA, and on CHA u/s 112(a)(ii) were set aside as conditions for invoking these provisions were not met. Confiscation of imported goods was denied as goods were cleared after due permission. Proceedings against company officials were rightly dropped by adjudicating authority. Interest already paid by appellant-importer to be appropriated against interest liability. Appeals disposed of accordingly.
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