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CESTAT allowed the appeal of a former CHA employee whose F-Card was revoked and penalty of Rs. 50,000 imposed under CBLR 2018 Regulations 10(a), 10(b), 10(d), 10(m), 10(q) and 18. The appellant's F-Card became non-operational when his associated CHA firm's license was suspended. CESTAT found appellant acted as freelancer in individual capacity, not as F-Card holder, when allegedly facilitating import clearances. The tribunal held allegations were based solely on importer's statement without concrete evidence establishing regulatory violations. Since charges were unsubstantiated, both F-Card revocation and penalty were set aside. Appeal disposed favorably.
CESTAT allowed the appeal of a former CHA employee whose F-Card was revoked and penalty of Rs. 50,000 imposed under CBLR 2018 Regulations 10(a), 10(b), 10(d), 10(m), 10(q) and 18. The appellant's F-Card became non-operational when his associated CHA firm's license was suspended. CESTAT found appellant acted as freelancer in individual capacity, not as F-Card holder, when allegedly facilitating import clearances. The tribunal held allegations were based solely on importer's statement without concrete evidence establishing regulatory violations. Since charges were unsubstantiated, both F-Card revocation and penalty were set aside. Appeal disposed favorably.
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