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 reversed revocation of Customs Broker (CB) license, finding no violation of Regulation 10(n) of Customs Broker Licensing Regulation, 2018. CB had properly obtained required KYC documents (PAN, Aadhar, IEC) which were genuine. While Department alleged facilitation of exports by non-existent entities, evidence showed exporter was available and provided statements. Issue regarding GSTIN cancellation was explained by automatic ICEGATE software substitution with Aadhar number, which remained uncontroverted. Tribunal held Department failed to establish that CB facilitated fraudulent exports or that exporter obtained undue monetary benefits. No evidence supported allegations of KYC violations or justified license revocation and penalties. Appeal sustained, restoring CB's license.
CESTAT reversed revocation of Customs Broker (CB) license, finding no violation of Regulation 10(n) of Customs Broker Licensing Regulation, 2018. CB had properly obtained required KYC documents (PAN, Aadhar, IEC) which were genuine. While Department alleged facilitation of exports by non-existent entities, evidence showed exporter was available and provided statements. Issue regarding GSTIN cancellation was explained by automatic ICEGATE software substitution with Aadhar number, which remained uncontroverted. Tribunal held Department failed to establish that CB facilitated fraudulent exports or that exporter obtained undue monetary benefits. No evidence supported allegations of KYC violations or justified license revocation and penalties. Appeal sustained, restoring CB's license.
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