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 set aside the demand for duty on imported components, holding there was no evidence that the components were first assembled into CTVs, tested and thereafter disassembled for clearance. The Tribunal concluded the parts did not possess the essential character of complete CTVs and thus were not exigible as finished goods; the impugned duty demand for alleged short-levy on clearance of kits was quashed. Consequentially, all penalties and interest imposed under the Central Excise enactments and rules were also set aside. Appeal accordingly allowed and impugned orders of demand, interest and penalties annulled in favour of the Appellant.
CESTAT allowed the appeal and set aside the demand for duty on imported components, holding there was no evidence that the components were first assembled into CTVs, tested and thereafter disassembled for clearance. The Tribunal concluded the parts did not possess the essential character of complete CTVs and thus were not exigible as finished goods; the impugned duty demand for alleged short-levy on clearance of kits was quashed. Consequentially, all penalties and interest imposed under the Central Excise enactments and rules were also set aside. Appeal accordingly allowed and impugned orders of demand, interest and penalties annulled in favour of the Appellant.
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