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 air filter elements imported by the appellant were correctly classified under constituent material headings rather than as filter parts under CTI 84219900 from July 2013 onwards, following Board's clarification circular dated 27.06.2013. The tribunal found no suppression of facts or mis-declaration by the appellant, who had filed all requisite import documents including invoices, catalogues, and technical specifications. Consequently, the invocation of extended limitation period for differential duty demand relating to pre-July 2013 imports was deemed unjustified. The impugned order was modified to confirm classification per constituent material attracting BCD from July 2013, while setting aside differential duty demand with extended limitation, interest, and penalty. Appeal allowed partly.
CESTAT held that air filter elements imported by the appellant were correctly classified under constituent material headings rather than as filter parts under CTI 84219900 from July 2013 onwards, following Board's clarification circular dated 27.06.2013. The tribunal found no suppression of facts or mis-declaration by the appellant, who had filed all requisite import documents including invoices, catalogues, and technical specifications. Consequently, the invocation of extended limitation period for differential duty demand relating to pre-July 2013 imports was deemed unjustified. The impugned order was modified to confirm classification per constituent material attracting BCD from July 2013, while setting aside differential duty demand with extended limitation, interest, and penalty. Appeal allowed partly.
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