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 allowed appeal, setting aside suspension of Customs Broker licence. The tribunal found no legal basis for holding the broker responsible for mis-declaration of goods' description and value. The broker lacks statutory authority to examine goods or verify transaction values. The exporter's non-existence could not be conclusively established at the time of proceedings, and GST registration cancellation occurred subsequent to initial actions. The suspension order was deemed unsustainable, with the original licence to be immediately reinstated. The decision preserves the broker's right to operate while allowing potential separate proceedings under Show Cause Notice.
CESTAT allowed appeal, setting aside suspension of Customs Broker licence. The tribunal found no legal basis for holding the broker responsible for mis-declaration of goods' description and value. The broker lacks statutory authority to examine goods or verify transaction values. The exporter's non-existence could not be conclusively established at the time of proceedings, and GST registration cancellation occurred subsequent to initial actions. The suspension order was deemed unsustainable, with the original licence to be immediately reinstated. The decision preserves the broker's right to operate while allowing potential separate proceedings under Show Cause Notice.
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