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 set aside the impugned order, ruling that the failure to consider relevant judicial pronouncements and circulars while finalizing Shipping Bills constituted a clerical mistake/omission rectifiable under Section 154 of the Customs Act, 1962. Following precedent in Sesa Goa Limited [2010], the Tribunal held that the adjudicating authority's failure to take cognizance of the Supreme Court decision and Circular dated 17.02.2012 when determining 'Fe' content on DMT instead of WMT basis was an error arising from accidental omission. The authority must rectify this error under Section 154 and provide consequential benefits to the appellant by determining 'Fe' content on WMT basis in accordance with law.
The CESTAT set aside the impugned order, ruling that the failure to consider relevant judicial pronouncements and circulars while finalizing Shipping Bills constituted a clerical mistake/omission rectifiable under Section 154 of the Customs Act, 1962. Following precedent in Sesa Goa Limited [2010], the Tribunal held that the adjudicating authority's failure to take cognizance of the Supreme Court decision and Circular dated 17.02.2012 when determining 'Fe' content on DMT instead of WMT basis was an error arising from accidental omission. The authority must rectify this error under Section 154 and provide consequential benefits to the appellant by determining 'Fe' content on WMT basis in accordance with law.
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