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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The AT affirmed the adjudicating authority's findings that the appellant and co-actors contravened sections 3(b) and 3(c) of FEMA, 1999 by effecting and facilitating unauthorized outward remittances and inward receipts through informal channels (hawala) without RBI/authorized banking route. The Tribunal held the investigation and contemporaneous material, including admissions, mobile/SMS records and corroborative statements, establish deliberate under-invoicing, cash payments in India and onward foreign transfers aggregating the amounts alleged, rejecting the retraction as unavailing. The AT declined to interfere with the impugned order, thereby upholding the authority's determination of illegal foreign exchange transactions and liability under the FEMA provisions.
The AT affirmed the adjudicating authority's findings that the appellant and co-actors contravened sections 3(b) and 3(c) of FEMA, 1999 by effecting and facilitating unauthorized outward remittances and inward receipts through informal channels (hawala) without RBI/authorized banking route. The Tribunal held the investigation and contemporaneous material, including admissions, mobile/SMS records and corroborative statements, establish deliberate under-invoicing, cash payments in India and onward foreign transfers aggregating the amounts alleged, rejecting the retraction as unavailing. The AT declined to interfere with the impugned order, thereby upholding the authority's determination of illegal foreign exchange transactions and liability under the FEMA provisions.
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