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, setting aside the demand of IGST, interest and penalty arising from alleged short-payment on freight, insurance and landing charges for imports from Bhutan. The Tribunal found that, under the distributorship and FOR agreements, the invoice prices were on CIF/all-inclusive terms, covering transportation, insurance, loading and forwarding up to the buyer's destination. Certificates from the transporter and a clarification from the Bhutan supplier confirmed that no additional freight or insurance was charged to the appellant. Consequently, the allegation of non-inclusion of freight, insurance and landing cost in assessable value, as well as suppression or misstatement justifying penalty or extended limitation, was rejected.
CESTAT allowed the appeal, setting aside the demand of IGST, interest and penalty arising from alleged short-payment on freight, insurance and landing charges for imports from Bhutan. The Tribunal found that, under the distributorship and FOR agreements, the invoice prices were on CIF/all-inclusive terms, covering transportation, insurance, loading and forwarding up to the buyer's destination. Certificates from the transporter and a clarification from the Bhutan supplier confirmed that no additional freight or insurance was charged to the appellant. Consequently, the allegation of non-inclusion of freight, insurance and landing cost in assessable value, as well as suppression or misstatement justifying penalty or extended limitation, was rejected.
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