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 set aside the impugned order enhancing the valuation of imported Slack Wax due to procedural infirmities and violation of natural justice. The Tribunal found the reassessment based on non-speaking orders lacking reasoned justification and absent any opportunity for the appellant to rebut valuation data. The reliance on a deemed price was legally impermissible following amendments to Section 14 of the Customs Act, 1962, mandating transaction value as the basis for assessment. The Commissioner (Appeals) erred by improperly shifting the burden of proof onto the appellant and failing to collect or confront relevant evidence. Given the absence of factual foundation and the significant delay of over a decade, the Tribunal declined to remit the matter for fresh adjudication, concluding that the entire reassessment process was flawed and unsustainable in law. The appeal was accordingly allowed, and the impugned order quashed.
The CESTAT set aside the impugned order enhancing the valuation of imported Slack Wax due to procedural infirmities and violation of natural justice. The Tribunal found the reassessment based on non-speaking orders lacking reasoned justification and absent any opportunity for the appellant to rebut valuation data. The reliance on a deemed price was legally impermissible following amendments to Section 14 of the Customs Act, 1962, mandating transaction value as the basis for assessment. The Commissioner (Appeals) erred by improperly shifting the burden of proof onto the appellant and failing to collect or confront relevant evidence. Given the absence of factual foundation and the significant delay of over a decade, the Tribunal declined to remit the matter for fresh adjudication, concluding that the entire reassessment process was flawed and unsustainable in law. The appeal was accordingly allowed, and the impugned order quashed.
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