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 held that the seized gold chain, weighing 132 grams with high purity, is a used personal effect worn by the petitioner, an eligible passenger under the Baggage Rules, 2016. The detention was unlawful as the Customs Department failed to issue a valid show cause notice or provide an opportunity for personal hearing per Section 124 of the Customs Act, 1962, relying instead on a pre-printed waiver. The court recognized settled law that worn jewellery by passengers, especially foreign visitors, falls within personal effects exempt from detention. Consequently, the petitioner's gold chain shall be released for re-export upon payment of 50% warehouse charges. The petitioner is directed to collect the chain from Customs on a specified date prior to her visa expiry. The petition is disposed of accordingly.
The HC held that the seized gold chain, weighing 132 grams with high purity, is a used personal effect worn by the petitioner, an eligible passenger under the Baggage Rules, 2016. The detention was unlawful as the Customs Department failed to issue a valid show cause notice or provide an opportunity for personal hearing per Section 124 of the Customs Act, 1962, relying instead on a pre-printed waiver. The court recognized settled law that worn jewellery by passengers, especially foreign visitors, falls within personal effects exempt from detention. Consequently, the petitioner's gold chain shall be released for re-export upon payment of 50% warehouse charges. The petitioner is directed to collect the chain from Customs on a specified date prior to her visa expiry. The petition is disposed of accordingly.
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