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 appellant, an EOU/EHTP unit, is eligible for exemption under Notification No. 12/2012-Cus at the time of debonding of imported goods. The customs duty should be calculated at the effective rate applicable at the time of debonding. The appellant's procedural compliance by furnishing a bond of Rs. 1000 crores is sufficient for claiming the exemption. The exemption can be claimed at debonding, even if not availed at the time of importation. The demand for duty and interest raised in the impugned order is not justified. The CESTAT allowed the appeal, holding that the appellant is entitled to the exemption benefit under Notification No. 12/2012-Cus at debonding.
The appellant, an EOU/EHTP unit, is eligible for exemption under Notification No. 12/2012-Cus at the time of debonding of imported goods. The customs duty should be calculated at the effective rate applicable at the time of debonding. The appellant's procedural compliance by furnishing a bond of Rs. 1000 crores is sufficient for claiming the exemption. The exemption can be claimed at debonding, even if not availed at the time of importation. The demand for duty and interest raised in the impugned order is not justified. The CESTAT allowed the appeal, holding that the appellant is entitled to the exemption benefit under Notification No. 12/2012-Cus at debonding.
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