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 set aside customs valuation order for imported used cranes where duty liability was reassessed at Rs. 161,61,899 with Rs. 95,91,518 as short-paid amount. Adjudicating authority committed gross error by inappropriately diverting Rs. 16,94,904 towards unconfirmed dues without proper reasoning or concurrent adjudication. Tribunal found re-assessment based solely on investigation statements improper without compliance with section 138B testing requirements and Customs Valuation Rules under section 14 of Customs Act 1962. Following precedent involving identical valuation issues, matter remanded to original authority for fresh value determination in accordance with Customs Valuation Rules 1988/2007. Appeal allowed by way of remand.
CESTAT set aside customs valuation order for imported used cranes where duty liability was reassessed at Rs. 161,61,899 with Rs. 95,91,518 as short-paid amount. Adjudicating authority committed gross error by inappropriately diverting Rs. 16,94,904 towards unconfirmed dues without proper reasoning or concurrent adjudication. Tribunal found re-assessment based solely on investigation statements improper without compliance with section 138B testing requirements and Customs Valuation Rules under section 14 of Customs Act 1962. Following precedent involving identical valuation issues, matter remanded to original authority for fresh value determination in accordance with Customs Valuation Rules 1988/2007. Appeal allowed by way of remand.
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