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 set aside the order rejecting the declared value of imported cloves from Indonesia/Tanzania. While the importer failed to furnish evidence supporting lower valuation, necessitating assessment under rule 10A of Customs Valuation Rules, 1988, the tribunal found that authorities failed to establish a proper substitute value within the framework of rules 5-8. The rejection of declared value must be followed by determination of an acceptable substitute value according to the prescribed methodology. Without establishing such substitute value, the revision of the declared value lacked legal authority. The tribunal determined that rule 8's flexibility was improperly applied, as the 19 bills of entry referenced did not conform to the "surrogate value" scheme in rule 5. Appeal allowed.
CESTAT set aside the order rejecting the declared value of imported cloves from Indonesia/Tanzania. While the importer failed to furnish evidence supporting lower valuation, necessitating assessment under rule 10A of Customs Valuation Rules, 1988, the tribunal found that authorities failed to establish a proper substitute value within the framework of rules 5-8. The rejection of declared value must be followed by determination of an acceptable substitute value according to the prescribed methodology. Without establishing such substitute value, the revision of the declared value lacked legal authority. The tribunal determined that rule 8's flexibility was improperly applied, as the 19 bills of entry referenced did not conform to the "surrogate value" scheme in rule 5. Appeal allowed.
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