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 upheld that Student Almanac and Teacher Planner are properly classifiable under Chapter 48 (Articles of Paper/Paperboard) rather than Chapter 49, as they primarily serve as writing materials with 90% blank space despite containing school-specific information. The Tribunal confirmed denial of exemption for waste and scrap under N/N. 27/2011-CE. However, CESTAT ruled in favor of the assessee regarding limitation period, finding no evidence of intentional duty evasion or fact suppression, thus setting aside demands for the extended period. Penalties under Section 11AC were correctly removed, and the penalty imposed on the Director under Rule 26 was appropriately set aside as there was neither goods confiscation nor wrongful Cenvat credit claims. Appeal dismissed.
CESTAT upheld that Student Almanac and Teacher Planner are properly classifiable under Chapter 48 (Articles of Paper/Paperboard) rather than Chapter 49, as they primarily serve as writing materials with 90% blank space despite containing school-specific information. The Tribunal confirmed denial of exemption for waste and scrap under N/N. 27/2011-CE. However, CESTAT ruled in favor of the assessee regarding limitation period, finding no evidence of intentional duty evasion or fact suppression, thus setting aside demands for the extended period. Penalties under Section 11AC were correctly removed, and the penalty imposed on the Director under Rule 26 was appropriately set aside as there was neither goods confiscation nor wrongful Cenvat credit claims. Appeal dismissed.
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