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 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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