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 allowed the appeal, setting aside the impugned order that rejected the declared invoice value of imported goods and enhanced the transaction value based on an unsigned draft contract and a contemporaneous import. The Tribunal found that the appellant was not supplied with the unsigned contract copy relied upon for value redetermination, violating principles of natural justice. The Adjudicating Authority exceeded the scope of the Show Cause Notice by considering a different Bill of Entry without proper examination of its contemporaneity. The mandated procedure under the Customs Valuation Rules, 2007 was not followed. Consequently, the rejection of the declared value, confiscation, and penalty imposition were quashed due to lack of valid grounds for enhancement.
The CESTAT allowed the appeal, setting aside the impugned order that rejected the declared invoice value of imported goods and enhanced the transaction value based on an unsigned draft contract and a contemporaneous import. The Tribunal found that the appellant was not supplied with the unsigned contract copy relied upon for value redetermination, violating principles of natural justice. The Adjudicating Authority exceeded the scope of the Show Cause Notice by considering a different Bill of Entry without proper examination of its contemporaneity. The mandated procedure under the Customs Valuation Rules, 2007 was not followed. Consequently, the rejection of the declared value, confiscation, and penalty imposition were quashed due to lack of valid grounds for enhancement.
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