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 held that the imported consignment of 243.83 MTS of paper in reels is correctly classifiable as newsprint under CTH 480180, attracting a nil rate of CVD. The key issue was whether the fibre content in the samples was less than 65% by weight, as required under Chapter 48.01 and its notes. The Revenue's test reports, based on BIS standards, were rejected because the HSN mandates the use of ISO 9184/1-3 standards for fibre composition analysis to ensure uniformity. Since the samples were not tested per the prescribed ISO standards, the tribunal accepted the overseas supplier's quality certificate stating fibre content not less than 65%. Consequently, the impugned order was set aside, and the appeal allowed, affirming the classification as newsprint under the correct tariff heading with no additional duty liability.
The CESTAT held that the imported consignment of 243.83 MTS of paper in reels is correctly classifiable as newsprint under CTH 480180, attracting a nil rate of CVD. The key issue was whether the fibre content in the samples was less than 65% by weight, as required under Chapter 48.01 and its notes. The Revenue's test reports, based on BIS standards, were rejected because the HSN mandates the use of ISO 9184/1-3 standards for fibre composition analysis to ensure uniformity. Since the samples were not tested per the prescribed ISO standards, the tribunal accepted the overseas supplier's quality certificate stating fibre content not less than 65%. Consequently, the impugned order was set aside, and the appeal allowed, affirming the classification as newsprint under the correct tariff heading with no additional duty liability.
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