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 imported clear float glass is classifiable under CTH 7005 1090 (and thus eligible for the 'NIL' BCD benefit where applicable under the relevant notification for ASEAN imports), quashed the impugned orders and allowed the appeals. The Tribunal affirmed that taxation can be effected only by authority of law and the department cannot recover excess duty beyond legal liability, including in cases of self-assessment; payment of duty under protest is a permissible protective remedy. The Tribunal noted prior coordinate-bench precedent supporting the classification and emphasized that the adjudicative function requires impartial fact-finding, with departmental representatives obliged to assist the Tribunal in the administration of justice.
CESTAT held that imported clear float glass is classifiable under CTH 7005 1090 (and thus eligible for the 'NIL' BCD benefit where applicable under the relevant notification for ASEAN imports), quashed the impugned orders and allowed the appeals. The Tribunal affirmed that taxation can be effected only by authority of law and the department cannot recover excess duty beyond legal liability, including in cases of self-assessment; payment of duty under protest is a permissible protective remedy. The Tribunal noted prior coordinate-bench precedent supporting the classification and emphasized that the adjudicative function requires impartial fact-finding, with departmental representatives obliged to assist the Tribunal in the administration of justice.
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