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 HC allowed the writ petition in respect of detained imported cotton knitted fabrics, concluding that adjudication will culminate in the petitioner being liable to pay differential customs duty and applicable penalty, and retention of goods in India is not requisite. Relying on prior HC jurisprudence, the court permitted conditional re-export of the misclassified goods (as per CRCL test and resultant re-determined CTH), subject to the petitioner executing a bond for the total amount of differential duty and furnishing a bank guarantee equal to 20% of the re-determined value. Upon compliance with these conditions the petitioner may re-export; the writ petition is disposed of.
The HC allowed the writ petition in respect of detained imported cotton knitted fabrics, concluding that adjudication will culminate in the petitioner being liable to pay differential customs duty and applicable penalty, and retention of goods in India is not requisite. Relying on prior HC jurisprudence, the court permitted conditional re-export of the misclassified goods (as per CRCL test and resultant re-determined CTH), subject to the petitioner executing a bond for the total amount of differential duty and furnishing a bank guarantee equal to 20% of the re-determined value. Upon compliance with these conditions the petitioner may re-export; the writ petition is disposed of.
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