Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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...
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CESTAT allowed the appeal in part, holding that the exported goods, described in the shipping bills as knitted readymade garments (including gents shirts, ladies dresses, coats and blouses), are classifiable uniformly under CTH 6102, corresponding to Drawback Sl. No. 2704. The Tribunal rejected the adjudicating authority's classification under multiple subheadings (CTH 6102, 6103, 6104, 6105, 6106) as unreasoned, especially since no tests were conducted and classification had to rest on the shipping bill descriptions. It directed grant of drawback at 10% of FOB value subject to Rs. 45 per piece under CTH 6102 and further ordered payment of interest at 6% on the delayed drawback for all 34 shipping bills.
CESTAT allowed the appeal in part, holding that the exported goods, described in the shipping bills as knitted readymade garments (including gents shirts, ladies dresses, coats and blouses), are classifiable uniformly under CTH 6102, corresponding to Drawback Sl. No. 2704. The Tribunal rejected the adjudicating authority's classification under multiple subheadings (CTH 6102, 6103, 6104, 6105, 6106) as unreasoned, especially since no tests were conducted and classification had to rest on the shipping bill descriptions. It directed grant of drawback at 10% of FOB value subject to Rs. 45 per piece under CTH 6102 and further ordered payment of interest at 6% on the delayed drawback for all 34 shipping bills.
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