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 AAR held that it lacks jurisdiction to rule on duty drawback issues under the Customs and Central Excise Duties Drawback Rules, 2017 for goods manufactured in MOOWR premises and exported. To avail Notification No. 21/2023 exemption, filing a home consumption Bill of Entry is mandatory, and goods imported under Advance Authorization cannot be considered warehoused goods. The Applicant cannot debond capital goods imported under MOOWR using EPCG authorization or avail Notification No. 26/2023 exemption. Goods cannot be imported duty-free in MOOWR under Advance Authorization as MOOWR and private bonded warehouses have different provisions. Supply to third-party customers can be considered exports if directly exported.
The AAR held that it lacks jurisdiction to rule on duty drawback issues under the Customs and Central Excise Duties Drawback Rules, 2017 for goods manufactured in MOOWR premises and exported. To avail Notification No. 21/2023 exemption, filing a home consumption Bill of Entry is mandatory, and goods imported under Advance Authorization cannot be considered warehoused goods. The Applicant cannot debond capital goods imported under MOOWR using EPCG authorization or avail Notification No. 26/2023 exemption. Goods cannot be imported duty-free in MOOWR under Advance Authorization as MOOWR and private bonded warehouses have different provisions. Supply to third-party customers can be considered exports if directly exported.
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