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 adjudicating authority for fresh determination of duty liability after considering the appellant's application for amendment of the Bill of Entry under Sections 149 and 154 of the Customs Act, 1962, acknowledging eligibility for alternate benefit under Notification No. 01/2011-CE. The Tribunal set aside the earlier rejection of this request as unsustainable. The demand of Rs. 19,86,628 and Rs. 17,46,877 was quashed pending reconsideration. However, the Tribunal upheld the demand of Rs. 53,128 with interest and penalty under Section 114A for under-declared freight, supported by undisputed statements. Penalty under Section 114AA was confirmed but reduced to Rs. 5,000 each for the individuals involved, deemed excessive initially. The appellant's appeal was disposed of by remand, confirming the smaller freight duty demand and directing reassessment of the larger duty claims in accordance with proper procedural consideration.
The CESTAT remanded the matter to the adjudicating authority for fresh determination of duty liability after considering the appellant's application for amendment of the Bill of Entry under Sections 149 and 154 of the Customs Act, 1962, acknowledging eligibility for alternate benefit under Notification No. 01/2011-CE. The Tribunal set aside the earlier rejection of this request as unsustainable. The demand of Rs. 19,86,628 and Rs. 17,46,877 was quashed pending reconsideration. However, the Tribunal upheld the demand of Rs. 53,128 with interest and penalty under Section 114A for under-declared freight, supported by undisputed statements. Penalty under Section 114AA was confirmed but reduced to Rs. 5,000 each for the individuals involved, deemed excessive initially. The appellant's appeal was disposed of by remand, confirming the smaller freight duty demand and directing reassessment of the larger duty claims in accordance with proper procedural consideration.
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