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 remanded the matter to the Proper Officer for finalization of provisional customs duty assessments under the Project Import Regulations, due to the appellant's failure to submit required documentation evidencing utilization of imported goods within prescribed timelines. The tribunal observed the appellant's non-cooperation and noted discrepancies between imported quantities and Ministry approvals, emphasizing the appellant's obligation to seek amendments and notify authorities. However, the tribunal rejected the lower authorities' denial of concessional duty benefits as inconsistent with judicial precedents. Accordingly, the appellant was granted a final opportunity to furnish all necessary documents within three months and directed to cooperate fully. The appeal was disposed by remand, instructing adherence to natural justice principles in finalizing provisional assessments.
The CESTAT remanded the matter to the Proper Officer for finalization of provisional customs duty assessments under the Project Import Regulations, due to the appellant's failure to submit required documentation evidencing utilization of imported goods within prescribed timelines. The tribunal observed the appellant's non-cooperation and noted discrepancies between imported quantities and Ministry approvals, emphasizing the appellant's obligation to seek amendments and notify authorities. However, the tribunal rejected the lower authorities' denial of concessional duty benefits as inconsistent with judicial precedents. Accordingly, the appellant was granted a final opportunity to furnish all necessary documents within three months and directed to cooperate fully. The appeal was disposed by remand, instructing adherence to natural justice principles in finalizing provisional assessments.
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