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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The CESTAT ruled in favor of the appellant Customs Broker, setting aside the revocation of license and penalties. The Tribunal clarified that Regulation 10(n) of the Customs Broker Licensing Regulations, 2018 only requires brokers to verify that documents were genuinely issued by government officers, not to investigate their correctness. The Customs Broker fulfilled obligations by verifying the client's IEC and GSTIN through online verification. The Tribunal held that brokers cannot be expected to judge the validity of government-issued certificates or maintain continuous surveillance of clients' addresses. As no evidence showed that any documents were fake or forged, the appellant had not violated Regulation 10(n), and the impugned order was set aside.
The CESTAT ruled in favor of the appellant Customs Broker, setting aside the revocation of license and penalties. The Tribunal clarified that Regulation 10(n) of the Customs Broker Licensing Regulations, 2018 only requires brokers to verify that documents were genuinely issued by government officers, not to investigate their correctness. The Customs Broker fulfilled obligations by verifying the client's IEC and GSTIN through online verification. The Tribunal held that brokers cannot be expected to judge the validity of government-issued certificates or maintain continuous surveillance of clients' addresses. As no evidence showed that any documents were fake or forged, the appellant had not violated Regulation 10(n), and the impugned order was set aside.
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