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 HC directed the respondents to conclude the pending investigation regarding the seized imported tyres, which were claimed to be exempt from BIS clearance as they were intended for mining use. The court held that prolonged seizure solely on the basis of ongoing investigation was unjustified, especially as over eight months had elapsed and relevant reports were available. The petitioner was not liable for any wrongful use of the tyres by third parties. The respondents must issue any show cause notice within two weeks of concluding the investigation or reinvestigation. Should the goods not be released post-investigation or show cause, the petitioner may seek provisional release subject to undertaking payment of the highest duty and penalty rates and restricting use to off-road purposes. The petition was disposed of with directions to comply with the Deputy Commissioner of Customs' orders.
The HC directed the respondents to conclude the pending investigation regarding the seized imported tyres, which were claimed to be exempt from BIS clearance as they were intended for mining use. The court held that prolonged seizure solely on the basis of ongoing investigation was unjustified, especially as over eight months had elapsed and relevant reports were available. The petitioner was not liable for any wrongful use of the tyres by third parties. The respondents must issue any show cause notice within two weeks of concluding the investigation or reinvestigation. Should the goods not be released post-investigation or show cause, the petitioner may seek provisional release subject to undertaking payment of the highest duty and penalty rates and restricting use to off-road purposes. The petition was disposed of with directions to comply with the Deputy Commissioner of Customs' orders.
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