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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Appellant's appeal dismissed in part: CESTAT upholds imposition of Rs.1,00,000 penalty under s.117, Customs Act 1962 for mis-declaration by a courier operator (consignment declared as copper wire contained prohibited red sandalwood) and for breach of Reg.12(1)(iii), CIER 2010. Tribunal finds original authority erred in refraining from imposing penalty under s.114; the s.114 and proposed action under Reg.13, CIER 2010 are remitted for fresh adjudication. Commissioner (Appeals) must afford appellant an opportunity of hearing on those proposals; Revenue is permitted to advance all grounds afresh. Order confirmed qua s.117, remaining directions set aside and matter remanded.
Appellant's appeal dismissed in part: CESTAT upholds imposition of Rs.1,00,000 penalty under s.117, Customs Act 1962 for mis-declaration by a courier operator (consignment declared as copper wire contained prohibited red sandalwood) and for breach of Reg.12(1)(iii), CIER 2010. Tribunal finds original authority erred in refraining from imposing penalty under s.114; the s.114 and proposed action under Reg.13, CIER 2010 are remitted for fresh adjudication. Commissioner (Appeals) must afford appellant an opportunity of hearing on those proposals; Revenue is permitted to advance all grounds afresh. Order confirmed qua s.117, remaining directions set aside and matter remanded.
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