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 of the anonymized importer and set aside the impugned order enhancing customs valuation of imported water purifier spare parts. The Tribunal held that the goods were assessed by Customs (not self-assessed), and subsequent investigation leading to rejection of the declared transaction value and enhancement based solely on NIDB data was unlawful. As there was no allegation or evidence attracting any exclusion under Rule 3 of the Customs Valuation Rules, the declared transaction value had to be accepted. The Tribunal held that transaction value cannot be discarded without cogent evidence and NIDB data cannot be directly applied for enhancement of value.
CESTAT allowed the appeal of the anonymized importer and set aside the impugned order enhancing customs valuation of imported water purifier spare parts. The Tribunal held that the goods were assessed by Customs (not self-assessed), and subsequent investigation leading to rejection of the declared transaction value and enhancement based solely on NIDB data was unlawful. As there was no allegation or evidence attracting any exclusion under Rule 3 of the Customs Valuation Rules, the declared transaction value had to be accepted. The Tribunal held that transaction value cannot be discarded without cogent evidence and NIDB data cannot be directly applied for enhancement of value.
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