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 and directed release of the consignment subject to payment of customs duties. The Tribunal found the PSIC issued by a DGFT-approved PSIA, despite indicating inspection at Duisburg rather than the Bill of Lading's port of loading, sufficiently established that the imported low-nickel turning scrap complied with Para 2.51 of HBP, 2023 (no hazardous, radioactive or explosive content). Consequently, the goods were not liable to confiscation, the redemption fine was set aside, and the penalty imposed under s.112(a)(i) of the Customs Act, 1962 (₹15,00,000) was quashed. The Tribunal held procedural deficiency in the PSIC did not amount to importation of prohibited goods.
CESTAT allowed the appeal and directed release of the consignment subject to payment of customs duties. The Tribunal found the PSIC issued by a DGFT-approved PSIA, despite indicating inspection at Duisburg rather than the Bill of Lading's port of loading, sufficiently established that the imported low-nickel turning scrap complied with Para 2.51 of HBP, 2023 (no hazardous, radioactive or explosive content). Consequently, the goods were not liable to confiscation, the redemption fine was set aside, and the penalty imposed under s.112(a)(i) of the Customs Act, 1962 (₹15,00,000) was quashed. The Tribunal held procedural deficiency in the PSIC did not amount to importation of prohibited goods.
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