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 re-assessment of Shipping Bills was unauthorized. The exporter's classification of goods based on understanding and consistent with prior approvals does not constitute a false declaration. DRI's differing interpretation does not render the shipping bills incorrect or fraudulent. No obligation exists for exporters to anticipate future classification views of revenue authorities. Penalties under sections 114 and 114AA cannot be imposed merely due to divergent classification perspectives. No evidence of collusion or misstatement was found regarding MEIS scrips. The tribunal set aside the impugned order, allowed the assessee's appeal, dismissed revenue's appeal, and granted consequential relief.
CESTAT held that the re-assessment of Shipping Bills was unauthorized. The exporter's classification of goods based on understanding and consistent with prior approvals does not constitute a false declaration. DRI's differing interpretation does not render the shipping bills incorrect or fraudulent. No obligation exists for exporters to anticipate future classification views of revenue authorities. Penalties under sections 114 and 114AA cannot be imposed merely due to divergent classification perspectives. No evidence of collusion or misstatement was found regarding MEIS scrips. The tribunal set aside the impugned order, allowed the assessee's appeal, dismissed revenue's appeal, and granted consequential relief.
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