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 in part, holding that the appellants remained liable for and their deposited amounts were properly appropriated towards customs duty on imported gold under the nominated-agency exemption scheme, resulting in cancellation of the bonds and discharge of duty liability. However, the Tribunal set aside imposition of penalty under s.112(a) of the Act and the orders of confiscation and redemption fine, finding no collusion or responsibility of the appellants for fraudulent diversion by the exporter. Consequently, extended limitation was not invoked against the appellants and no further action survives against them in respect of the appropriated duty.
CESTAT allowed the appeal in part, holding that the appellants remained liable for and their deposited amounts were properly appropriated towards customs duty on imported gold under the nominated-agency exemption scheme, resulting in cancellation of the bonds and discharge of duty liability. However, the Tribunal set aside imposition of penalty under s.112(a) of the Act and the orders of confiscation and redemption fine, finding no collusion or responsibility of the appellants for fraudulent diversion by the exporter. Consequently, extended limitation was not invoked against the appellants and no further action survives against them in respect of the appropriated duty.
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