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 held that the imported "Twaron Para Aramid Pulp" constitutes textile flock/dust within CTI 5601 30 00, not wadding under CTI 5601 22 00, and upheld the differential duty with interest accordingly. However, the Tribunal found no evidence of collusion, wilful misstatement or suppression to justify invocation of extended limitation under s.28(4) or imposition of penalty under s.114A; those measures were set aside. The appeals are allowed in part: classification under CTI 5601 30 00 is affirmed, while demands for duty under the extended period and penalties are quashed. Matters are remitted to the adjudicating authorities solely for computation of duty and interest within the normal limitation period.
CESTAT held that the imported "Twaron Para Aramid Pulp" constitutes textile flock/dust within CTI 5601 30 00, not wadding under CTI 5601 22 00, and upheld the differential duty with interest accordingly. However, the Tribunal found no evidence of collusion, wilful misstatement or suppression to justify invocation of extended limitation under s.28(4) or imposition of penalty under s.114A; those measures were set aside. The appeals are allowed in part: classification under CTI 5601 30 00 is affirmed, while demands for duty under the extended period and penalties are quashed. Matters are remitted to the adjudicating authorities solely for computation of duty and interest within the normal limitation period.
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