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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Prima facie, the HC observed that prior authoritative decisions have settled the classification of glucometers in favour of the appellant's position, and that Respondent No. 3 failed to consider those precedents when issuing the impugned order dated 02.01.2025. The court noted that an advance ruling under Section 28I is binding only on the applicant and the customs authorities under Section 28J, resulting in potential competitive disadvantage to the appellant if required to discharge a higher duty. Balancing the appellant's prejudice against revenue interests given a differential duty of 2.5%, the HC granted interim relief and stayed the operation of the impugned order until final disposal of the appeal.
Prima facie, the HC observed that prior authoritative decisions have settled the classification of glucometers in favour of the appellant's position, and that Respondent No. 3 failed to consider those precedents when issuing the impugned order dated 02.01.2025. The court noted that an advance ruling under Section 28I is binding only on the applicant and the customs authorities under Section 28J, resulting in potential competitive disadvantage to the appellant if required to discharge a higher duty. Balancing the appellant's prejudice against revenue interests given a differential duty of 2.5%, the HC granted interim relief and stayed the operation of the impugned order until final disposal of the appeal.
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