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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The CESTAT upheld that the appellant, a private limited company, was the importer of worn-out clothing cleared from SEZ to DTA, holding it liable for differential customs duty, fine, and penalty under the Customs Act, 1962 and SEZ Act, 2005. The Tribunal affirmed the proper application of Circular No. 36/2000-Cus regarding mutilation requirements, rejecting the appellant's interpretation. It also confirmed penalty imposition on the authorized signatory under Section 114AA of the Customs Act for acts of omission and commission. The appeals were dismissed as devoid of merit, and the impugned orders of the Commissioner (Appeals) and adjudicating authority were upheld in full.
The CESTAT upheld that the appellant, a private limited company, was the importer of worn-out clothing cleared from SEZ to DTA, holding it liable for differential customs duty, fine, and penalty under the Customs Act, 1962 and SEZ Act, 2005. The Tribunal affirmed the proper application of Circular No. 36/2000-Cus regarding mutilation requirements, rejecting the appellant's interpretation. It also confirmed penalty imposition on the authorized signatory under Section 114AA of the Customs Act for acts of omission and commission. The appeals were dismissed as devoid of merit, and the impugned orders of the Commissioner (Appeals) and adjudicating authority were upheld in full.
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