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 allowed appellant's appeal for release of 53 kgs of gold seized by DRI. The Tribunal found that the Commissioner's order lacked evidentiary basis, particularly regarding the allegation that premises lacked fully mechanized jewelry manufacturing equipment. The panchanama clearly documented two jewelry manufacturing machines on the fifth floor, which the Commissioner erroneously assumed were not fully mechanized without proper verification. The gold was detained on 17.08.2020, preventing fulfillment of export obligations under the Advance Authorization. The Delhi HC had previously ruled that appellant could apply for extension/revalidation of the Advance Authorization License after adjudication of the show cause notice, acknowledging the appellant was prevented from exporting due to the seizure.
CESTAT allowed appellant's appeal for release of 53 kgs of gold seized by DRI. The Tribunal found that the Commissioner's order lacked evidentiary basis, particularly regarding the allegation that premises lacked fully mechanized jewelry manufacturing equipment. The panchanama clearly documented two jewelry manufacturing machines on the fifth floor, which the Commissioner erroneously assumed were not fully mechanized without proper verification. The gold was detained on 17.08.2020, preventing fulfillment of export obligations under the Advance Authorization. The Delhi HC had previously ruled that appellant could apply for extension/revalidation of the Advance Authorization License after adjudication of the show cause notice, acknowledging the appellant was prevented from exporting due to the seizure.
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