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 held that the Principal Commissioner's rejection of the special warehouse license application was improper. The Tribunal found the appeal maintainable under Section 129A of the Customs Act, determining that the license rejection constituted an appealable order. While Regulation 3(2)(c) allows denial based on prior penalties, the Tribunal concluded that a single past penalty does not automatically disqualify an applicant, especially when no substantive concerns about the applicant's integrity or operational capabilities existed. The impugned order was set aside, effectively reinstating the appellant's right to seek a special warehouse license, with the Tribunal emphasizing a nuanced interpretation of regulatory disqualification criteria.
CESTAT held that the Principal Commissioner's rejection of the special warehouse license application was improper. The Tribunal found the appeal maintainable under Section 129A of the Customs Act, determining that the license rejection constituted an appealable order. While Regulation 3(2)(c) allows denial based on prior penalties, the Tribunal concluded that a single past penalty does not automatically disqualify an applicant, especially when no substantive concerns about the applicant's integrity or operational capabilities existed. The impugned order was set aside, effectively reinstating the appellant's right to seek a special warehouse license, with the Tribunal emphasizing a nuanced interpretation of regulatory disqualification criteria.
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