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 upheld absolute confiscation of 19 foreign-marked gold coins/bars and imposition of penalty under s.112(b)(i) of the Customs Act, 1962 on the appellant and its two partners. The Tribunal held that, as the seized goods were recovered from the appellant's possession and bore foreign markings, the statutory burden under s.123 lay on the appellant to prove lawful ownership and licit acquisition. The plea that the coins were 15-20 years old and used for worship was unsupported by any evidence. Finding no infirmity in the adjudication, the appeal was dismissed.
CESTAT upheld absolute confiscation of 19 foreign-marked gold coins/bars and imposition of penalty under s.112(b)(i) of the Customs Act, 1962 on the appellant and its two partners. The Tribunal held that, as the seized goods were recovered from the appellant's possession and bore foreign markings, the statutory burden under s.123 lay on the appellant to prove lawful ownership and licit acquisition. The plea that the coins were 15-20 years old and used for worship was unsupported by any evidence. Finding no infirmity in the adjudication, the appeal was dismissed.
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