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 customs smuggling case involving refrigerant gas (HCFC-22) smuggling. The tribunal found clear evidence of a pre-planned meeting at McDonald's involving four individuals who deliberately conspired to clear restricted goods. Phone records, forensic examination, and call details established the appellants' involvement. The tribunal applied a preponderance of probability standard, noting the lower evidentiary threshold in tax evasion cases. Manish Jalhotra was identified as the mastermind. The court upheld confiscation of restricted goods and penalties under Section 112(a) of the Customs Act, 1962, based on the appellants' active participation in the smuggling conspiracy. The appeals were dismissed, confirming the original penalties.
CESTAT adjudicated a customs smuggling case involving refrigerant gas (HCFC-22) smuggling. The tribunal found clear evidence of a pre-planned meeting at McDonald's involving four individuals who deliberately conspired to clear restricted goods. Phone records, forensic examination, and call details established the appellants' involvement. The tribunal applied a preponderance of probability standard, noting the lower evidentiary threshold in tax evasion cases. Manish Jalhotra was identified as the mastermind. The court upheld confiscation of restricted goods and penalties under Section 112(a) of the Customs Act, 1962, based on the appellants' active participation in the smuggling conspiracy. The appeals were dismissed, confirming the original penalties.
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