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 on classification dispute for imported Power Weeders, initially declared as Rotary Power Weeder but found to be Brush Cutters. The tribunal upheld classification under CH 8467 8990, confirming duty demand of Rs.3,91,930 for current imports and differential duty for past clearances within normal limitation period. Previous declarations correctly identified items as Brush Cutters, negating suppression allegations. Confiscation of goods valued at Rs.18,65,268 was sustained with reduced redemption fine of Rs.2,00,000 under Customs Act Section 125. Penalties under Sections 114A, 114AA were set aside due to absence of suppression. Director's penalties under Sections 112 and 114AA were also dropped. Appeal succeeded partially with modified penalties.
CESTAT ruled on classification dispute for imported Power Weeders, initially declared as Rotary Power Weeder but found to be Brush Cutters. The tribunal upheld classification under CH 8467 8990, confirming duty demand of Rs.3,91,930 for current imports and differential duty for past clearances within normal limitation period. Previous declarations correctly identified items as Brush Cutters, negating suppression allegations. Confiscation of goods valued at Rs.18,65,268 was sustained with reduced redemption fine of Rs.2,00,000 under Customs Act Section 125. Penalties under Sections 114A, 114AA were set aside due to absence of suppression. Director's penalties under Sections 112 and 114AA were also dropped. Appeal succeeded partially with modified penalties.
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