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 ruled in favor of the appellant, setting aside confiscation, redemption fine, and penalties in a case involving misdeclaration of imported zinc ingots as lead ingots. The Tribunal determined this was a bonafide mistake by the foreign supplier rather than intentional duty evasion, noting both items were freely importable with identical duty rates. The appellant would have gained no monetary benefit from the misdeclaration, as lead ingots were actually more expensive than zinc ingots. Given these circumstances and the absence of malafide intent, the Tribunal concluded that an incorrect declaration resulting from supplier error did not warrant punitive measures. The appeal was allowed, reversing the adjudicating authority's original order.
CESTAT ruled in favor of the appellant, setting aside confiscation, redemption fine, and penalties in a case involving misdeclaration of imported zinc ingots as lead ingots. The Tribunal determined this was a bonafide mistake by the foreign supplier rather than intentional duty evasion, noting both items were freely importable with identical duty rates. The appellant would have gained no monetary benefit from the misdeclaration, as lead ingots were actually more expensive than zinc ingots. Given these circumstances and the absence of malafide intent, the Tribunal concluded that an incorrect declaration resulting from supplier error did not warrant punitive measures. The appeal was allowed, reversing the adjudicating authority's original order.
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