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 partially allowed the appeal involving clandestine removal allegations of craft paper and packing material. The tribunal set aside demands totaling Rs. 23,03,781 for alleged clandestine clearance of kraft paper and Rs. 74,827 for packing material, finding insufficient independent corroboration despite documents recovered during searches. The department's case relied solely on self-incriminating statements without verifying evidence through simultaneous searches of suppliers and customers. Regarding CENVAT credit denial for GTA services worth Rs. 3,19,176, the matter was remanded for redetermination under normal limitation period following CBIC Circular 1065/4/2018. The undervaluation demand of Rs. 10,71,211 under Rule 7 was remanded for assessment within normal limitation since clearances were reflected in ER-1 returns. Extended limitation period invocation was deemed inappropriate for disclosed transactions.
CESTAT partially allowed the appeal involving clandestine removal allegations of craft paper and packing material. The tribunal set aside demands totaling Rs. 23,03,781 for alleged clandestine clearance of kraft paper and Rs. 74,827 for packing material, finding insufficient independent corroboration despite documents recovered during searches. The department's case relied solely on self-incriminating statements without verifying evidence through simultaneous searches of suppliers and customers. Regarding CENVAT credit denial for GTA services worth Rs. 3,19,176, the matter was remanded for redetermination under normal limitation period following CBIC Circular 1065/4/2018. The undervaluation demand of Rs. 10,71,211 under Rule 7 was remanded for assessment within normal limitation since clearances were reflected in ER-1 returns. Extended limitation period invocation was deemed inappropriate for disclosed transactions.
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