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 appeal and set aside the impugned order of the Principal Commissioner that had rejected the appellant's claim to duty exemption under the Exemption Notification dated 30.06.2017. The Tribunal held the Notification amending Serial No. 6A dated 06.07.2019 operates prospectively from 06.07.2019 and cannot be applied retrospectively to the period 02.02.2018-06.07.2019; consequently, customs duty, interest, penalty and confiscation could not be sustained for that interregnum. The Tribunal rejected retrospective application of the 06.07.2019 amendment, determined that microphones and receivers were covered as parts for PCBA prior to 06.07.2019, and remitted no liability for the appeal period, allowing the appeal.
CESTAT allowed the appeal and set aside the impugned order of the Principal Commissioner that had rejected the appellant's claim to duty exemption under the Exemption Notification dated 30.06.2017. The Tribunal held the Notification amending Serial No. 6A dated 06.07.2019 operates prospectively from 06.07.2019 and cannot be applied retrospectively to the period 02.02.2018-06.07.2019; consequently, customs duty, interest, penalty and confiscation could not be sustained for that interregnum. The Tribunal rejected retrospective application of the 06.07.2019 amendment, determined that microphones and receivers were covered as parts for PCBA prior to 06.07.2019, and remitted no liability for the appeal period, allowing the appeal.
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