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 upheld reclassification of imported high conductivity copper bus bars from CTI 7407 21 20 to CTI 7407 10 30, resulting in denial of FTA benefits under N/N. 46/2011-Customs. The Tribunal found confiscation justified u/s 111(m) due to incorrect tariff classification and improper FTA benefit claims. While maintaining liability for confiscation and penalties, the Tribunal reduced redemption fine from Rs.2,00,000/- to Rs.50,000/- u/s 125 and penalty from Rs.50,000/- to Rs.10,000/- u/s 112(a), considering appellants had described goods as per invoice and origin certificates. Appeal partially allowed with modified penalties.
CESTAT upheld reclassification of imported high conductivity copper bus bars from CTI 7407 21 20 to CTI 7407 10 30, resulting in denial of FTA benefits under N/N. 46/2011-Customs. The Tribunal found confiscation justified u/s 111(m) due to incorrect tariff classification and improper FTA benefit claims. While maintaining liability for confiscation and penalties, the Tribunal reduced redemption fine from Rs.2,00,000/- to Rs.50,000/- u/s 125 and penalty from Rs.50,000/- to Rs.10,000/- u/s 112(a), considering appellants had described goods as per invoice and origin certificates. Appeal partially allowed with modified penalties.
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