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 by the Revenue and upheld the impugned order, quashing confiscation and penalty relating to recovery of 80 bags of posta dana. The Tribunal held that the Department failed to discharge the burden of proof that the consignment was of foreign origin or smuggled: seizure relied solely on invoice verification and opinions of three local traders without specifying any third country, and no expert report or analysis from a notified laboratory was procured. As posta dana is not a commodity specified under s.123 of the Customs Act, the onus to establish illicit import lay squarely on the authorities. Documentary gaps, if any, should be addressed under domestic law, not by invoking the Customs Act.
CESTAT dismissed the appeal by the Revenue and upheld the impugned order, quashing confiscation and penalty relating to recovery of 80 bags of posta dana. The Tribunal held that the Department failed to discharge the burden of proof that the consignment was of foreign origin or smuggled: seizure relied solely on invoice verification and opinions of three local traders without specifying any third country, and no expert report or analysis from a notified laboratory was procured. As posta dana is not a commodity specified under s.123 of the Customs Act, the onus to establish illicit import lay squarely on the authorities. Documentary gaps, if any, should be addressed under domestic law, not by invoking the Customs Act.
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