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 appellant's challenge against additional customs duty (CVD) assessment on imported lubricants. The appellant explicitly declared goods as "not for retail sale" in Bills of Entry and packaging, with exclusive distribution to industrial consumers. The Tribunal held that MRP-based assessment under Section 4A of CEA, 1944 is inapplicable when goods are categorically imported and sold exclusively for industrial use, not retail sale. Following precedent in Kluber Lubrication India Pvt. Ltd. and Karnataka HC's ruling in EWAC Alloys Ltd., CESTAT determined that Legal Metrology Rules, 2011 do not mandate RSP declaration for non-retail industrial goods. The demand for additional customs duty was unsustainable, and the impugned order was set aside with appeal allowed.
CESTAT allowed the appellant's challenge against additional customs duty (CVD) assessment on imported lubricants. The appellant explicitly declared goods as "not for retail sale" in Bills of Entry and packaging, with exclusive distribution to industrial consumers. The Tribunal held that MRP-based assessment under Section 4A of CEA, 1944 is inapplicable when goods are categorically imported and sold exclusively for industrial use, not retail sale. Following precedent in Kluber Lubrication India Pvt. Ltd. and Karnataka HC's ruling in EWAC Alloys Ltd., CESTAT determined that Legal Metrology Rules, 2011 do not mandate RSP declaration for non-retail industrial goods. The demand for additional customs duty was unsustainable, and the impugned order was set aside with appeal allowed.
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