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 remanded the case concerning additions of 'license fee' and 'advertising expenses' to imported goods' assessable value. The tribunal found that while the appellant had been importing from overseas affiliates since 2006, their renewal declarations remained pending until 2015 when additions were ordered. The first appellate authority's order was unclear about limiting additions to five years without specifying which imports were covered or excluded. CESTAT determined that the appeal had not been properly examined in terms of differential duty outcomes or evaluation of declared values in specific bills of entry. Without this analysis, the legality and propriety of the additions could not be determined. Appeal allowed by way of remand for fresh decision.
CESTAT remanded the case concerning additions of 'license fee' and 'advertising expenses' to imported goods' assessable value. The tribunal found that while the appellant had been importing from overseas affiliates since 2006, their renewal declarations remained pending until 2015 when additions were ordered. The first appellate authority's order was unclear about limiting additions to five years without specifying which imports were covered or excluded. CESTAT determined that the appeal had not been properly examined in terms of differential duty outcomes or evaluation of declared values in specific bills of entry. Without this analysis, the legality and propriety of the additions could not be determined. Appeal allowed by way of remand for fresh decision.
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