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 held that the goods described as Hub Assembly and parts/components thereof are classifiable under CTH 8708 5000 (parts of axles) and not under CTH 8708 9900, allowing the Department's classification challenge in part. The Tribunal sustained the adjudicating authority's demand of differential customs duty for a two-year normal limitation period under s.28(1), with interest payable on the differential amount, but rejected invocation of the extended limitation under s.28(4) and s.28(10B) since no fraud, collusion or wilful suppression was established. Consequently, confiscation and penalties under ss.112(a), 114A and 114AA were held not imposable on the Importer.
CESTAT held that the goods described as Hub Assembly and parts/components thereof are classifiable under CTH 8708 5000 (parts of axles) and not under CTH 8708 9900, allowing the Department's classification challenge in part. The Tribunal sustained the adjudicating authority's demand of differential customs duty for a two-year normal limitation period under s.28(1), with interest payable on the differential amount, but rejected invocation of the extended limitation under s.28(4) and s.28(10B) since no fraud, collusion or wilful suppression was established. Consequently, confiscation and penalties under ss.112(a), 114A and 114AA were held not imposable on the Importer.
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