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, set aside the impugned orders and directed classification of the imported product as "Quicklime" under Customs Tariff Item 2522 1000. Applying s.17(4) of the Customs Act, 1962 and relying on comparable tribunal precedent, the Tribunal accepted chemical analysis showing Calcium Oxide purity below 98% (circa 92%), concluding the product lacks the requisite purity for classification under tariff entries for higher-purity grades and is therefore properly classifiable under heading 2522. The appeal succeeds; assessment and classification in the Bills of Entry must be adjusted accordingly in favour of the Appellant and against the Respondent.
The CESTAT allowed the appeal, set aside the impugned orders and directed classification of the imported product as "Quicklime" under Customs Tariff Item 2522 1000. Applying s.17(4) of the Customs Act, 1962 and relying on comparable tribunal precedent, the Tribunal accepted chemical analysis showing Calcium Oxide purity below 98% (circa 92%), concluding the product lacks the requisite purity for classification under tariff entries for higher-purity grades and is therefore properly classifiable under heading 2522. The appeal succeeds; assessment and classification in the Bills of Entry must be adjusted accordingly in favour of the Appellant and against the Respondent.
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