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 appellant's appeal, holding that the imported coke breeze qualifies as "metallurgical coke" for purposes of the tariff notification and is therefore entitled to exemption under S.No.125 of N/N.12/2012-Cus. The Tribunal found the CRCL chemical examination non-compliant with IS 5451-2001 and unreliable, concluded the product is coke (not coal) and that undersize breeze retains metallurgical properties and legitimate metallurgical uses (e.g., sintering in iron and steel production). Because the breeze falls within the notification's scope at the relevant tariff level and was used for metallurgical purposes, the exemption applies and the orders of confiscation and penalty were set aside; impugned order vacated.
CESTAT allowed the appellant's appeal, holding that the imported coke breeze qualifies as "metallurgical coke" for purposes of the tariff notification and is therefore entitled to exemption under S.No.125 of N/N.12/2012-Cus. The Tribunal found the CRCL chemical examination non-compliant with IS 5451-2001 and unreliable, concluded the product is coke (not coal) and that undersize breeze retains metallurgical properties and legitimate metallurgical uses (e.g., sintering in iron and steel production). Because the breeze falls within the notification's scope at the relevant tariff level and was used for metallurgical purposes, the exemption applies and the orders of confiscation and penalty were set aside; impugned order vacated.
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