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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AT held that under Contravention-I the appellant's remittances and subsequent investment in shares of an overseas company were compliant with LRS and the relevant RBI Master Circular, as the amount invested was within the prescribed limit and constituted permissible capital investment; no FEMA contravention was made out on this count. However, in respect of Contraventions II and III, AT upheld the findings of the Adjudicating Authority that extending loans in foreign exchange to foreign companies by a resident individual without prior RBI approval is not permitted under Section 6(2) FEMA, related Regulations or LRS. Penalties imposed were found proportionate; no interference or enhancement was warranted. Appeals were dismissed.
AT held that under Contravention-I the appellant's remittances and subsequent investment in shares of an overseas company were compliant with LRS and the relevant RBI Master Circular, as the amount invested was within the prescribed limit and constituted permissible capital investment; no FEMA contravention was made out on this count. However, in respect of Contraventions II and III, AT upheld the findings of the Adjudicating Authority that extending loans in foreign exchange to foreign companies by a resident individual without prior RBI approval is not permitted under Section 6(2) FEMA, related Regulations or LRS. Penalties imposed were found proportionate; no interference or enhancement was warranted. Appeals were dismissed.
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