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 ruled in favor of the appellant regarding 17 previous Bills of Entry, finding that the test report from a later import (Bill of Entry No. 4199210) could not retroactively apply to earlier shipments where no samples were drawn. The Tribunal set aside the demand for customs duty, interest, penalties, and confiscation related to these 17 entries. However, the Tribunal upheld the duty demand for Bill of Entry No. 4199210, as testing confirmed the imported Polystyrene was in granular form (CTH 39031990) rather than powder form (CTH 39031910), making it ineligible for BCD exemption. The penalty imposed on the appellant's Director under Section 114AA was reduced from Rs.10,00,000 to Rs.1,00,000, proportionate to the duty involved in the single contested entry.
CESTAT ruled in favor of the appellant regarding 17 previous Bills of Entry, finding that the test report from a later import (Bill of Entry No. 4199210) could not retroactively apply to earlier shipments where no samples were drawn. The Tribunal set aside the demand for customs duty, interest, penalties, and confiscation related to these 17 entries. However, the Tribunal upheld the duty demand for Bill of Entry No. 4199210, as testing confirmed the imported Polystyrene was in granular form (CTH 39031990) rather than powder form (CTH 39031910), making it ineligible for BCD exemption. The penalty imposed on the appellant's Director under Section 114AA was reduced from Rs.10,00,000 to Rs.1,00,000, proportionate to the duty involved in the single contested entry.
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