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 imported sensors are classifiable under CTI 9027 1000 (instruments for gas analysis) rather than under CTH 9026 or CTI 9032 9000, on the basis of their electrochemical (zirconium/solid-cell) gas-analysis functioning and Chapter 90 Note 2 which mandates specific heading classification for parts and accessories. The Tribunal found no evidence of suppression or mis-declaration warranting invocation of the extended period of limitation; continuous prior self-assessments by the appellants militated against a finding of deliberate concealment. Consequently the adjudication is upheld only to the extent of classification under CTI 9027 1000, while confirmation of extended-period demands and attendant fines/penalties is set aside; appeal allowed in part.
CESTAT held that the imported sensors are classifiable under CTI 9027 1000 (instruments for gas analysis) rather than under CTH 9026 or CTI 9032 9000, on the basis of their electrochemical (zirconium/solid-cell) gas-analysis functioning and Chapter 90 Note 2 which mandates specific heading classification for parts and accessories. The Tribunal found no evidence of suppression or mis-declaration warranting invocation of the extended period of limitation; continuous prior self-assessments by the appellants militated against a finding of deliberate concealment. Consequently the adjudication is upheld only to the extent of classification under CTI 9027 1000, while confirmation of extended-period demands and attendant fines/penalties is set aside; appeal allowed in part.
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