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 allowed appellant's appeal regarding classification of Low Noise Block Down Converter (LNB). The tribunal held that LNB should be classified under Customs Tariff Heading 85437099 per CBEC Circular No. 13/2013-Customs, not under Heading 85291099 as determined by Commissioner (Appeals). CESTAT ruled that Board circulars issued under Section 151A are binding on customs officers for uniformity and that changes in duty rates under GST notifications do not override classification rules under Customs Tariff Act unless formally amended. The tribunal emphasized that classification must be guided by principal function and HS explanatory notes. Commissioner (Appeals) order was set aside as improper for failing to follow established circular guidance and due process requirements.
CESTAT allowed appellant's appeal regarding classification of Low Noise Block Down Converter (LNB). The tribunal held that LNB should be classified under Customs Tariff Heading 85437099 per CBEC Circular No. 13/2013-Customs, not under Heading 85291099 as determined by Commissioner (Appeals). CESTAT ruled that Board circulars issued under Section 151A are binding on customs officers for uniformity and that changes in duty rates under GST notifications do not override classification rules under Customs Tariff Act unless formally amended. The tribunal emphasized that classification must be guided by principal function and HS explanatory notes. Commissioner (Appeals) order was set aside as improper for failing to follow established circular guidance and due process requirements.
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