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 upheld the Commissioner's rejection of the declared transaction value under Rule 12(2) of Customs Valuation Rules, 2007, finding the appellant had suppressed their relationship with the overseas seller and misdeclared value. The Tribunal confirmed the classification of additional cutter head ladder under CTH 84314990 and jet pump system under CTH 84137097, rather than under CTH 89051000 as dredger parts. The denial of benefit under N/N.01/2011-CE was sustained. The demand under Section 28(4) was upheld, with penalties under Section 114A against the appellant company (modified to exclude interest) and Section 114AA against the Managing Director maintained, while penalties under Section 112(a) were set aside. The addendum to show-cause notice was deemed valid with no violation of natural justice principles.
The CESTAT upheld the Commissioner's rejection of the declared transaction value under Rule 12(2) of Customs Valuation Rules, 2007, finding the appellant had suppressed their relationship with the overseas seller and misdeclared value. The Tribunal confirmed the classification of additional cutter head ladder under CTH 84314990 and jet pump system under CTH 84137097, rather than under CTH 89051000 as dredger parts. The denial of benefit under N/N.01/2011-CE was sustained. The demand under Section 28(4) was upheld, with penalties under Section 114A against the appellant company (modified to exclude interest) and Section 114AA against the Managing Director maintained, while penalties under Section 112(a) were set aside. The addendum to show-cause notice was deemed valid with no violation of natural justice principles.
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