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 for petroleum crude oil import assessments, the quantity shall be determined by ship ullage surveyor report at port of discharge, consistent with prior Supreme Court precedent. While acknowledging prima facie delay in finalizing provisional assessment, the Tribunal remanded the matter to adjudicating authority to definitively determine delay attribution. The appeals were partly allowed with a conditional remand, directing a fresh examination of procedural delays and their origin, emphasizing the need to establish whether delays were exclusively departmental or partially contributed by the importer.
CESTAT held that for petroleum crude oil import assessments, the quantity shall be determined by ship ullage surveyor report at port of discharge, consistent with prior Supreme Court precedent. While acknowledging prima facie delay in finalizing provisional assessment, the Tribunal remanded the matter to adjudicating authority to definitively determine delay attribution. The appeals were partly allowed with a conditional remand, directing a fresh examination of procedural delays and their origin, emphasizing the need to establish whether delays were exclusively departmental or partially contributed by the importer.
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