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 adjudicated a case involving non-fulfillment of export obligations under the Advance Licensing Scheme. The tribunal dismissed the primary appeal regarding customs duty demand, finding no infirmity in the original order. While upholding the duty liability, the tribunal set aside penalties imposed on the managing director and senior manager due to insufficient evidence demonstrating intentional non-compliance. The decision emphasized that export obligations must be met within prescribed timeframes, and accepting belated claims would undermine the legislative intent of duty-free import and export promotion schemes. Appeals were disposed of with consequential legal implications.
CESTAT adjudicated a case involving non-fulfillment of export obligations under the Advance Licensing Scheme. The tribunal dismissed the primary appeal regarding customs duty demand, finding no infirmity in the original order. While upholding the duty liability, the tribunal set aside penalties imposed on the managing director and senior manager due to insufficient evidence demonstrating intentional non-compliance. The decision emphasized that export obligations must be met within prescribed timeframes, and accepting belated claims would undermine the legislative intent of duty-free import and export promotion schemes. Appeals were disposed of with consequential legal implications.
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