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 appellant's challenge to provisional release conditions imposed on seized imported betel nuts under Section 110A of Customs Act, 1962. Tribunal held that since show cause notice remained pending adjudication, confiscation stage had not arrived, mandating provisional release of seized goods. CESTAT struck down arbitrary bank guarantee requirement, noting Delhi HC precedents in Its My Name Pvt. Ltd and Shanu Impex cases invalidated such conditions. Appellant being 1 Star Export House was entitled to relaxed conditions per Circular 32/2009-Cus, exempting bank guarantee requirements for all star export house categories. DRI's no-objection letter supported provisional release under Board Circular 35/2017-Cus. Commissioner's order demonstrated non-application of mind by failing to analyze relevant provisions and circulars. CESTAT quashed bank guarantee condition, directing provisional release upon furnishing PD bond equivalent to goods' value for both imported and export-destined seized goods.
CESTAT allowed appellant's challenge to provisional release conditions imposed on seized imported betel nuts under Section 110A of Customs Act, 1962. Tribunal held that since show cause notice remained pending adjudication, confiscation stage had not arrived, mandating provisional release of seized goods. CESTAT struck down arbitrary bank guarantee requirement, noting Delhi HC precedents in Its My Name Pvt. Ltd and Shanu Impex cases invalidated such conditions. Appellant being 1 Star Export House was entitled to relaxed conditions per Circular 32/2009-Cus, exempting bank guarantee requirements for all star export house categories. DRI's no-objection letter supported provisional release under Board Circular 35/2017-Cus. Commissioner's order demonstrated non-application of mind by failing to analyze relevant provisions and circulars. CESTAT quashed bank guarantee condition, directing provisional release upon furnishing PD bond equivalent to goods' value for both imported and export-destined seized goods.
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