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 appeals by remand in a customs classification dispute involving mixtures of odoriferous compounds. The appellant challenged classification under heading 3302.90.90 versus 3302.10 of the Customs Tariff Act, seeking concessional duty rates under Notification 21/2002-Cus. The tribunal found that both parties agreed the matter required fresh examination by the original authority. Following precedent from Bangalore Bench in Giavudan Indian case, CESTAT emphasized the necessity to determine whether imported flavour compounds were specifically of a kind used for beverage manufacture. The impugned order was set aside and remitted to the jurisdictional adjudicating authority for de novo adjudication with specific directions to render categorical findings on the beverage-use classification issue while adhering to natural justice principles.
CESTAT allowed appeals by remand in a customs classification dispute involving mixtures of odoriferous compounds. The appellant challenged classification under heading 3302.90.90 versus 3302.10 of the Customs Tariff Act, seeking concessional duty rates under Notification 21/2002-Cus. The tribunal found that both parties agreed the matter required fresh examination by the original authority. Following precedent from Bangalore Bench in Giavudan Indian case, CESTAT emphasized the necessity to determine whether imported flavour compounds were specifically of a kind used for beverage manufacture. The impugned order was set aside and remitted to the jurisdictional adjudicating authority for de novo adjudication with specific directions to render categorical findings on the beverage-use classification issue while adhering to natural justice principles.
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