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 affirmed the demand for customs duty against the appellant but held that the redemption fine and monetary penalty were imposed without proper application of principles of natural justice and without market-based valuation. The Tribunal found the Chartered Engineer's valuation inadmissible in absence of market survey and reduced the punitive measures: redemption fine fixed at Rs.1,00,000 and penalty fixed at Rs.50,000. On that basis the appeal was partly allowed, with the duty demand confirmed and the redemption fine/penalty mitigated to the stated amounts.
The CESTAT affirmed the demand for customs duty against the appellant but held that the redemption fine and monetary penalty were imposed without proper application of principles of natural justice and without market-based valuation. The Tribunal found the Chartered Engineer's valuation inadmissible in absence of market survey and reduced the punitive measures: redemption fine fixed at Rs.1,00,000 and penalty fixed at Rs.50,000. On that basis the appeal was partly allowed, with the duty demand confirmed and the redemption fine/penalty mitigated to the stated amounts.
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