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 held that imported towers are parts of Wind Operated Electricity Generators (WOEG) properly classifiable under CTH 8503, not under CTI 7308 as general/civil structures. The Tribunal determined the Commissioner erred in mischaracterizing the towers as non-parts of Wind Energy Generators. CESTAT relied on precedent from CC Chennai v. Suzlon Towers and Structures Limited, where tower flanges were similarly classified under 8503 as WOEG parts. The Tribunal emphasized that the towers' specific function in wind energy generation qualified them for the tariff classification under 8503 and corresponding exemption benefits under Notification No.12/2012. The impugned order was set aside and the appeal allowed.
CESTAT held that imported towers are parts of Wind Operated Electricity Generators (WOEG) properly classifiable under CTH 8503, not under CTI 7308 as general/civil structures. The Tribunal determined the Commissioner erred in mischaracterizing the towers as non-parts of Wind Energy Generators. CESTAT relied on precedent from CC Chennai v. Suzlon Towers and Structures Limited, where tower flanges were similarly classified under 8503 as WOEG parts. The Tribunal emphasized that the towers' specific function in wind energy generation qualified them for the tariff classification under 8503 and corresponding exemption benefits under Notification No.12/2012. The impugned order was set aside and the appeal allowed.
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