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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CESTAT upheld the appellate authority's order permitting release of detained imported goods upon payment of applicable duty, rejecting the Revenue's appeal. The Tribunal found the detention amounted to seizure per Board instructions and that the Commissioner (Appeals) validly exercised appellate powers to direct release while preserving the Department's right to initiate adjudication, impose fine or penalty and issue any requisite notices. The Revenue's contention that the Commissioner lacked power to order release was dismissed as without merit, and the impugned order was affirmed in all respects. Appeal by the Revenue is rejected.
CESTAT upheld the appellate authority's order permitting release of detained imported goods upon payment of applicable duty, rejecting the Revenue's appeal. The Tribunal found the detention amounted to seizure per Board instructions and that the Commissioner (Appeals) validly exercised appellate powers to direct release while preserving the Department's right to initiate adjudication, impose fine or penalty and issue any requisite notices. The Revenue's contention that the Commissioner lacked power to order release was dismissed as without merit, and the impugned order was affirmed in all respects. Appeal by the Revenue is rejected.
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