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 Tribunal (CESTAT) allowed the appeal in part: it set aside the impugned order insofar as the customs broker was held liable for merely relying on government-issued GSTINs and in respect of findings under Regulations 10(d) and 10(e), but affirmed primary findings of misconduct under Regulations 10(a), 10(b), 10(j), 10(n), 10(p) and 10(q) for failure to maintain KYC, unauthorized permitting of licence use, and non-production of records. Given the gravity of sub-letting the licence and facilitation of fraudulent exports, the Tribunal sustained the sanctioning of revocation of the customs broker's licence, forfeiture of the security deposit and imposition of a Rs.50,000 penalty, subject to the limited reductions noted above.
The Tribunal (CESTAT) allowed the appeal in part: it set aside the impugned order insofar as the customs broker was held liable for merely relying on government-issued GSTINs and in respect of findings under Regulations 10(d) and 10(e), but affirmed primary findings of misconduct under Regulations 10(a), 10(b), 10(j), 10(n), 10(p) and 10(q) for failure to maintain KYC, unauthorized permitting of licence use, and non-production of records. Given the gravity of sub-letting the licence and facilitation of fraudulent exports, the Tribunal sustained the sanctioning of revocation of the customs broker's licence, forfeiture of the security deposit and imposition of a Rs.50,000 penalty, subject to the limited reductions noted above.
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