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 ruled that secondary electronic evidence (Excel sheet printout from pen drive) was inadmissible without statutory certificate under section 138C of Customs Act. The tribunal invalidated the Principal Commissioner's order rejecting transaction value, finding the electronic evidence unreliable. The printout extracted from secondary electronic source cannot be considered valid evidence. Consequently, the tribunal set aside the original order, dismissed the demand of differential duty, interest, and penalty, and allowed both appeals, effectively nullifying the original administrative determination based on procedurally defective electronic documentation.
CESTAT ruled that secondary electronic evidence (Excel sheet printout from pen drive) was inadmissible without statutory certificate under section 138C of Customs Act. The tribunal invalidated the Principal Commissioner's order rejecting transaction value, finding the electronic evidence unreliable. The printout extracted from secondary electronic source cannot be considered valid evidence. Consequently, the tribunal set aside the original order, dismissed the demand of differential duty, interest, and penalty, and allowed both appeals, effectively nullifying the original administrative determination based on procedurally defective electronic documentation.
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