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 SC held that oil contained in bunker tanks, whether inside or outside the engine room of vessels sent for scrapping, must be valued and assessed as part of the ship itself rather than separately. This decision aligns with the precedent established in M/S Mahalaxmi Ship Breaking Corp. v. Commissioner of Customs Bhavnagar, which clarified the valuation approach for such cases. Consequently, the appeal was dismissed in accordance with this binding precedent, confirming that the oil's assessment cannot be segregated from the vessel's overall valuation for customs purposes.
The SC held that oil contained in bunker tanks, whether inside or outside the engine room of vessels sent for scrapping, must be valued and assessed as part of the ship itself rather than separately. This decision aligns with the precedent established in M/S Mahalaxmi Ship Breaking Corp. v. Commissioner of Customs Bhavnagar, which clarified the valuation approach for such cases. Consequently, the appeal was dismissed in accordance with this binding precedent, confirming that the oil's assessment cannot be segregated from the vessel's overall valuation for customs purposes.
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