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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Appellant failed to submit required documents within stipulated time for provisional duty assessment, contravening Customs (Provisional Duty Assessment) Regulations, 2011. Adjudicating authority imposed Rs.15,000 penalty. Commissioner (Appeals) enhanced penalty to Rs.10,00,000 for each of 20 Bills of Entry. CESTAT held appellant could not submit documents due to pending appeals on same issue before Tribunals and High Courts. Procedural lapses without revenue loss or mala fide intent should not attract severe penalties. Rs.15,000 penalty sufficient for procedural violation. Enhanced penalty of Rs.10,00,000 set aside, original Rs.15,000 penalty restored as adequate. Appeal allowed.
Appellant failed to submit required documents within stipulated time for provisional duty assessment, contravening Customs (Provisional Duty Assessment) Regulations, 2011. Adjudicating authority imposed Rs.15,000 penalty. Commissioner (Appeals) enhanced penalty to Rs.10,00,000 for each of 20 Bills of Entry. CESTAT held appellant could not submit documents due to pending appeals on same issue before Tribunals and High Courts. Procedural lapses without revenue loss or mala fide intent should not attract severe penalties. Rs.15,000 penalty sufficient for procedural violation. Enhanced penalty of Rs.10,00,000 set aside, original Rs.15,000 penalty restored as adequate. Appeal allowed.
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