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 penalties imposed under Customs Act sections 114(i), 114(iii), and 114AA against appellant CHA regarding alleged duty drawback fraud through overvalued garment exports. The Tribunal found appellant conducted proper due diligence by verifying KYC documents, obtaining necessary authorizations, and following standard clearance procedures. Exports underwent physical examination without objections to quality or value. No evidence demonstrated appellant's involvement in fraudulent activities or receipt of benefits from duty drawbacks. Following precedents from Mauli Worldwide Logistics and Kunal Travels cases, CESTAT held CHAs are not required to verify authenticity beyond standard document processing. Given lack of evidence supporting allegations, penalties were set aside and appeal allowed.
CESTAT overturned penalties imposed under Customs Act sections 114(i), 114(iii), and 114AA against appellant CHA regarding alleged duty drawback fraud through overvalued garment exports. The Tribunal found appellant conducted proper due diligence by verifying KYC documents, obtaining necessary authorizations, and following standard clearance procedures. Exports underwent physical examination without objections to quality or value. No evidence demonstrated appellant's involvement in fraudulent activities or receipt of benefits from duty drawbacks. Following precedents from Mauli Worldwide Logistics and Kunal Travels cases, CESTAT held CHAs are not required to verify authenticity beyond standard document processing. Given lack of evidence supporting allegations, penalties were set aside and appeal allowed.
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