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 imported Styrene Butadiene Copolymer (SBC) should be classified under CTH 3903 instead of CTH 4002. The tribunal found that since styrene monomer predominates (>70% by weight), the product must be treated as a "polymer of styrene" with characteristics more akin to plastic than rubber. The revenue failed to conduct independent testing or provide expert technical opinion to substantiate alternative classification. The extended period of limitation was not applicable as there was no deliberate misdeclaration. Consequently, the demand of differential duty, interest, penalties, and goods confiscation were set aside. The appellant's appeal was allowed, affirming classification under CTH 3903.
CESTAT held that imported Styrene Butadiene Copolymer (SBC) should be classified under CTH 3903 instead of CTH 4002. The tribunal found that since styrene monomer predominates (>70% by weight), the product must be treated as a "polymer of styrene" with characteristics more akin to plastic than rubber. The revenue failed to conduct independent testing or provide expert technical opinion to substantiate alternative classification. The extended period of limitation was not applicable as there was no deliberate misdeclaration. Consequently, the demand of differential duty, interest, penalties, and goods confiscation were set aside. The appellant's appeal was allowed, affirming classification under CTH 3903.
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