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 dismissed the appeal, upholding the Commissioner's order extending time under the proviso to section 110(2) of the Customs Act, 1962. The Tribunal found no breach of natural justice: an SCN proposing the extension was served, the appellant's submissions were recorded and considered (paras 15-16), and reasons for extension were expressly stated. Material reasons included the appellant's non-cooperation, failure to respond to summons, and active delay of the investigation, together with the need to verify multiple factors including potential contraventions under the Foreign Trade (Development & Regulation) Act, 1992. The extension was held to be justified on the facts and in law; appeal dismissed.
CESTAT dismissed the appeal, upholding the Commissioner's order extending time under the proviso to section 110(2) of the Customs Act, 1962. The Tribunal found no breach of natural justice: an SCN proposing the extension was served, the appellant's submissions were recorded and considered (paras 15-16), and reasons for extension were expressly stated. Material reasons included the appellant's non-cooperation, failure to respond to summons, and active delay of the investigation, together with the need to verify multiple factors including potential contraventions under the Foreign Trade (Development & Regulation) Act, 1992. The extension was held to be justified on the facts and in law; appeal dismissed.
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