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 customs broker and set aside the revocation of its Customs Broker licence, forfeiture of security deposit and penalty. The Tribunal held that alleged violations of Regulations 10(a), 10(d) and 10(n) of CBLR were not established. It found no proof that the broker had failed to obtain authorization, noting the SCN only recorded that SIIB officers could not locate it. Misdeclaration by the exporter did not, by itself, show breach of the duty to advise compliance, as the broker is a document processor without authority to examine goods or fix value. Verification through authentic statutory documents satisfied Regulation 10(n).
CESTAT allowed the appeal of the customs broker and set aside the revocation of its Customs Broker licence, forfeiture of security deposit and penalty. The Tribunal held that alleged violations of Regulations 10(a), 10(d) and 10(n) of CBLR were not established. It found no proof that the broker had failed to obtain authorization, noting the SCN only recorded that SIIB officers could not locate it. Misdeclaration by the exporter did not, by itself, show breach of the duty to advise compliance, as the broker is a document processor without authority to examine goods or fix value. Verification through authentic statutory documents satisfied Regulation 10(n).
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