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 dispute involving export consignment diversion. The tribunal found no fraudulent intent by the appellant in shipping goods from India to Colon Free Zone, Panama and subsequently to Jebel Ali Port, Dubai. Evidence including email communications and container tracking reports substantiated the appellant's claim of legitimate freight transportation. The department failed to establish knowledge or intentional assistance in fraudulently obtaining export benefits. Critically, the tribunal emphasized that knowledge and intention are essential prerequisites for imposing penalties under section 114AA of the Customs Act. Consequently, the penalties under sections 114(iii) and 114AA were set aside, and the appeal was allowed.
CESTAT adjudicated a customs dispute involving export consignment diversion. The tribunal found no fraudulent intent by the appellant in shipping goods from India to Colon Free Zone, Panama and subsequently to Jebel Ali Port, Dubai. Evidence including email communications and container tracking reports substantiated the appellant's claim of legitimate freight transportation. The department failed to establish knowledge or intentional assistance in fraudulently obtaining export benefits. Critically, the tribunal emphasized that knowledge and intention are essential prerequisites for imposing penalties under section 114AA of the Customs Act. Consequently, the penalties under sections 114(iii) and 114AA were set aside, and the appeal was allowed.
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