Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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...
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CESTAT allowed the appeal by way of remand, holding that the Country-of-Origin certificate remains valid for availing concessional duty rates but the adjudicating authority erred in failing to address key contentions. The matter is remitted for fresh adjudication to determine (i) whether notices for personal hearing were validly served, (ii) whether the DRI report was furnished to the appellant, (iii) the correct local value/content as per applicable rules vis-Ã -vis the verification findings, and (iv) the propriety of invoking the extended period of limitation. The adjudicating authority must furnish clear, reasoned findings on these issues and conclude proceedings within ten weeks from receipt of this order.
CESTAT allowed the appeal by way of remand, holding that the Country-of-Origin certificate remains valid for availing concessional duty rates but the adjudicating authority erred in failing to address key contentions. The matter is remitted for fresh adjudication to determine (i) whether notices for personal hearing were validly served, (ii) whether the DRI report was furnished to the appellant, (iii) the correct local value/content as per applicable rules vis-Ã -vis the verification findings, and (iv) the propriety of invoking the extended period of limitation. The adjudicating authority must furnish clear, reasoned findings on these issues and conclude proceedings within ten weeks from receipt of this order.
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