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 determined appellant's appeal was allowed. The Tribunal ruled the demand for central excise duty was time-barred as mere non-payment of duties cannot justify invoking extended limitation period without evidence of willful suppression or misstatement. While the appellant was correctly denied SSI exemption due to exceeding turnover limits and was liable for duty on articles of jewellery from March 2016, they were entitled to cum-duty benefit. The Tribunal held that demanding duty on exported goods was unjustified as substantive compliance was met despite procedural shortcomings. Consequently, penalties under Section 11AC(1)(c) and Rule 26 were deemed unsustainable. The proceedings were found to comply with principles of natural justice.
CESTAT determined appellant's appeal was allowed. The Tribunal ruled the demand for central excise duty was time-barred as mere non-payment of duties cannot justify invoking extended limitation period without evidence of willful suppression or misstatement. While the appellant was correctly denied SSI exemption due to exceeding turnover limits and was liable for duty on articles of jewellery from March 2016, they were entitled to cum-duty benefit. The Tribunal held that demanding duty on exported goods was unjustified as substantive compliance was met despite procedural shortcomings. Consequently, penalties under Section 11AC(1)(c) and Rule 26 were deemed unsustainable. The proceedings were found to comply with principles of natural justice.
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