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 the premature classification of provisionally assessed goods was improper. The tribunal rejected revenue's appeal for confiscation and penalties, upheld the importer's classification of Electronic Control Unit (ECU) under Chapter 90, confirmed eligibility for concessional Basic Customs Duty based on Certificate of Origin under Free Trade Agreements, and clarified the relevant date for limitation purposes. The impugned orders were modified, with no confiscation, fine, or penalty imposed. The appeal was ultimately disposed of in favor of the importer.
CESTAT held that the premature classification of provisionally assessed goods was improper. The tribunal rejected revenue's appeal for confiscation and penalties, upheld the importer's classification of Electronic Control Unit (ECU) under Chapter 90, confirmed eligibility for concessional Basic Customs Duty based on Certificate of Origin under Free Trade Agreements, and clarified the relevant date for limitation purposes. The impugned orders were modified, with no confiscation, fine, or penalty imposed. The appeal was ultimately disposed of in favor of the importer.
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