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 set aside the order of confiscation of imported "Alloy Tool Steel" for absence of BIS marking at the time of import. It held that the foreign manufacturer possessed a valid BIS licence prior to import, the goods conformed to prescribed IS standards, and the supplier had duly authorised the importer to affix BIS marks before clearance under customs supervision, which was in fact done. As the regulatory object of ensuring standard-compliant goods entering the Indian market stood fulfilled, and no mala fides or quality concerns were established, confiscation and consequential penal action were held unsustainable and the appeal was allowed.
CESTAT set aside the order of confiscation of imported "Alloy Tool Steel" for absence of BIS marking at the time of import. It held that the foreign manufacturer possessed a valid BIS licence prior to import, the goods conformed to prescribed IS standards, and the supplier had duly authorised the importer to affix BIS marks before clearance under customs supervision, which was in fact done. As the regulatory object of ensuring standard-compliant goods entering the Indian market stood fulfilled, and no mala fides or quality concerns were established, confiscation and consequential penal action were held unsustainable and the appeal was allowed.
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