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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HC allowed the writ petition, holding that the importer (P) never received the consignment under the relevant Bill of Entry and was not responsible for its loss. Relying on the Short Landing Certificate and joint survey reports, HC held that the goods were lost/unavailable prior to clearance for home consumption and that the case squarely attracted Section 23 of the Customs Act, 1962. Customs duty collected in anticipation of clearance, without delivery of goods or grant of clearance by the proper officer, could not be retained and assumed the character of a refundable deposit. HC directed R1, the Assistant Commissioner of Customs (Refund), to refund Rs. 35,37,358/- with 9% interest from the date of payment within four weeks. Petition allowed.
HC allowed the writ petition, holding that the importer (P) never received the consignment under the relevant Bill of Entry and was not responsible for its loss. Relying on the Short Landing Certificate and joint survey reports, HC held that the goods were lost/unavailable prior to clearance for home consumption and that the case squarely attracted Section 23 of the Customs Act, 1962. Customs duty collected in anticipation of clearance, without delivery of goods or grant of clearance by the proper officer, could not be retained and assumed the character of a refundable deposit. HC directed R1, the Assistant Commissioner of Customs (Refund), to refund Rs. 35,37,358/- with 9% interest from the date of payment within four weeks. Petition allowed.
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