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 allowed the appeal by way of remand, set aside the impugned order and restored the proceedings to the original authority for de novo adjudication after compliance with statutory mandates. The Tribunal held that relying solely on statements and a Chartered Engineer's certificate to re-determine declared customs value constitutes inadequate and fragile evidentiary foundation; such material requires corroboration and the opportunity for cross-examination under section 138B of the Customs Act. Failure to permit cross-examination amounted to a breach of natural justice, rendering the valuation exercise unsustainable. The matter is remitted for fresh decision in strict conformity with the statutory rules and principles of fair hearing.
CESTAT allowed the appeal by way of remand, set aside the impugned order and restored the proceedings to the original authority for de novo adjudication after compliance with statutory mandates. The Tribunal held that relying solely on statements and a Chartered Engineer's certificate to re-determine declared customs value constitutes inadequate and fragile evidentiary foundation; such material requires corroboration and the opportunity for cross-examination under section 138B of the Customs Act. Failure to permit cross-examination amounted to a breach of natural justice, rendering the valuation exercise unsustainable. The matter is remitted for fresh decision in strict conformity with the statutory rules and principles of fair hearing.
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