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...
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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 since the appellant, a transit passenger from Bangkok to Dubai via New Delhi, did not cross immigration or pass through the green channel, the Baggage Rules were inapplicable. Consequently, the gold weighing 1215 grams could not be subjected to absolute confiscation under those rules. The tribunal found no merit in the Revenue's objection and identified a suo moto corrigendum order correcting a manifest error on record. The confiscation order was set aside, and no redemption fine or penalty was imposed on the appellant. The appeal was accordingly allowed and disposed of.
The CESTAT held that since the appellant, a transit passenger from Bangkok to Dubai via New Delhi, did not cross immigration or pass through the green channel, the Baggage Rules were inapplicable. Consequently, the gold weighing 1215 grams could not be subjected to absolute confiscation under those rules. The tribunal found no merit in the Revenue's objection and identified a suo moto corrigendum order correcting a manifest error on record. The confiscation order was set aside, and no redemption fine or penalty was imposed on the appellant. The appeal was accordingly allowed and disposed of.
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