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 filed by the exporter (A) and set aside the order of the Commissioner of Customs (Export), Air Cargo Complex, Mumbai, which had denied drawback and ordered recovery under Rule 17 of the Customs and Central Excise Drawback Rules, 2017 read with Section 75(1) of the Customs Act. Relying on the binding precedent of the jurisdictional HC and the clarificatory Circular of CBIC on activation/unlocking of mobile phones prior to export, CESTAT held that the Department's view that the goods were "taken into use" was untenable. CESTAT further held that issuance of the SCN on 26.03.2024, after an unexplained delay of over four years from investigation, was unjustified, rendering the SCN liable to be quashed.
CESTAT allowed the appeal filed by the exporter (A) and set aside the order of the Commissioner of Customs (Export), Air Cargo Complex, Mumbai, which had denied drawback and ordered recovery under Rule 17 of the Customs and Central Excise Drawback Rules, 2017 read with Section 75(1) of the Customs Act. Relying on the binding precedent of the jurisdictional HC and the clarificatory Circular of CBIC on activation/unlocking of mobile phones prior to export, CESTAT held that the Department's view that the goods were "taken into use" was untenable. CESTAT further held that issuance of the SCN on 26.03.2024, after an unexplained delay of over four years from investigation, was unjustified, rendering the SCN liable to be quashed.
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