Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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...
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CESTAT allowed the appeal, finding no valid basis for rejecting the declared customs value. The tribunal determined that no additional consideration was paid, the invoice for services was cancelled, and no actual payment occurred. The commissioner failed to follow prescribed procedural requirements under section 138B. Consequently, the tribunal invalidated the duty reassessment, goods confiscation, and penalties, particularly noting that penalties against foreign entities were unsustainable as the Customs Act's jurisdiction did not extend extraterritorially during the relevant period.
CESTAT allowed the appeal, finding no valid basis for rejecting the declared customs value. The tribunal determined that no additional consideration was paid, the invoice for services was cancelled, and no actual payment occurred. The commissioner failed to follow prescribed procedural requirements under section 138B. Consequently, the tribunal invalidated the duty reassessment, goods confiscation, and penalties, particularly noting that penalties against foreign entities were unsustainable as the Customs Act's jurisdiction did not extend extraterritorially during the relevant period.
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