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 overturned the revocation of a Customs Broker License and associated penalties. The licensing authority's allegation of breach under regulation 10(k) of Customs Brokers Licensing Regulations, 2018 was found unsustainable. The Tribunal noted no prescribed method for maintaining records had been specified by designated officials, making it impossible to establish a violation. The authority's assertion that double filing of bill of entry was deliberate rather than pandemic-related remained unproven. Without clear standards for record-keeping or concrete evidence of willful misconduct, the alleged breach of regulation 10(k) could not be established. The Tribunal set aside the original order, reinstating the license and reversing the security deposit forfeiture.
CESTAT overturned the revocation of a Customs Broker License and associated penalties. The licensing authority's allegation of breach under regulation 10(k) of Customs Brokers Licensing Regulations, 2018 was found unsustainable. The Tribunal noted no prescribed method for maintaining records had been specified by designated officials, making it impossible to establish a violation. The authority's assertion that double filing of bill of entry was deliberate rather than pandemic-related remained unproven. Without clear standards for record-keeping or concrete evidence of willful misconduct, the alleged breach of regulation 10(k) could not be established. The Tribunal set aside the original order, reinstating the license and reversing the security deposit forfeiture.
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