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 vehicle confiscation under Section 115 of the Customs Act, 1962, rejecting the appellant's claim of lack of knowledge about smuggled goods. While mens rea cannot challenge confiscation, the tribunal partially allowed the appeal by reducing the redemption fine from the original amount to Rs 50,000, considering the total seizure value and disposal price of smuggled goods. The decision reinforces that conveyance used in smuggling is mandatorily confiscatable, and mere absence of intentional knowledge does not negate the confiscation order, though it may mitigate penalty implications.
The CESTAT upheld the vehicle confiscation under Section 115 of the Customs Act, 1962, rejecting the appellant's claim of lack of knowledge about smuggled goods. While mens rea cannot challenge confiscation, the tribunal partially allowed the appeal by reducing the redemption fine from the original amount to Rs 50,000, considering the total seizure value and disposal price of smuggled goods. The decision reinforces that conveyance used in smuggling is mandatorily confiscatable, and mere absence of intentional knowledge does not negate the confiscation order, though it may mitigate penalty implications.
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