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 AT allowed the appeal in part. The Tribunal found that Respondent Nos. 2 and 3, acting through their director and authorised representative, caused foreign exchange loss of Rs. 23,63,89,843 and procured assets abroad worth Rs. 4,89,69,850 by contravening FEMA provisions; their conduct amounted to masterminding the contraventions. The penalty previously imposed on Respondent No. 1 is maintained subject to the outcome of any cross-appeal. The penalties on Respondent Nos. 2 and 3 are enhanced to Rs. 1,00,00,000 each on parity grounds. The decision affirms liability findings against all respondents and increases monetary sanctions against Respondent Nos. 2 and 3.
The AT allowed the appeal in part. The Tribunal found that Respondent Nos. 2 and 3, acting through their director and authorised representative, caused foreign exchange loss of Rs. 23,63,89,843 and procured assets abroad worth Rs. 4,89,69,850 by contravening FEMA provisions; their conduct amounted to masterminding the contraventions. The penalty previously imposed on Respondent No. 1 is maintained subject to the outcome of any cross-appeal. The penalties on Respondent Nos. 2 and 3 are enhanced to Rs. 1,00,00,000 each on parity grounds. The decision affirms liability findings against all respondents and increases monetary sanctions against Respondent Nos. 2 and 3.
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