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 the imposition of penalties under Sections 114(i) and 114AA of the Customs Act, 1962, on the appellant for involvement in the illegal export of Red Sanders wood disguised as Jute Hessian Cloth. The tribunal found the exporter's and CHA's documents to be forged and accepted evidence implicating the appellant, who had a prior history of similar smuggling offenses. Although the appellant did not deny employing a key witness, the tribunal found the adjudicating authority's conclusions justified. However, considering the appellant's role and the offense's nature, the penalty was reduced from Rs.10,00,000 to Rs.5,00,000. The appeal was allowed in part.
The CESTAT upheld the imposition of penalties under Sections 114(i) and 114AA of the Customs Act, 1962, on the appellant for involvement in the illegal export of Red Sanders wood disguised as Jute Hessian Cloth. The tribunal found the exporter's and CHA's documents to be forged and accepted evidence implicating the appellant, who had a prior history of similar smuggling offenses. Although the appellant did not deny employing a key witness, the tribunal found the adjudicating authority's conclusions justified. However, considering the appellant's role and the offense's nature, the penalty was reduced from Rs.10,00,000 to Rs.5,00,000. The appeal was allowed in part.
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