Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
AAR held that N/N 134/94-Cus dated 22.06.1994 and the MOOWR scheme, though both operating under s.65 of the Customs Act, 1962, function in distinct domains and their benefits cannot be simultaneously availed for the same imported second-hand goods. The applicant may, however, claim duty exemption under N/N 134/94-Cus for second-hand goods imported for repair, reconditioning, re-engineering, testing, calibration or maintenance, subject to strict compliance with its conditions, including re-export within three years and prior approval of the jurisdictional Principal Commissioner/Commissioner of Customs under s.65. AAR further clarified that valuation and duty treatment of wastage/scrap generated during such operations will be governed by s.65(2), differing based on whether resultant goods are exported or cleared for home consumption.
AAR held that N/N 134/94-Cus dated 22.06.1994 and the MOOWR scheme, though both operating under s.65 of the Customs Act, 1962, function in distinct domains and their benefits cannot be simultaneously availed for the same imported second-hand goods. The applicant may, however, claim duty exemption under N/N 134/94-Cus for second-hand goods imported for repair, reconditioning, re-engineering, testing, calibration or maintenance, subject to strict compliance with its conditions, including re-export within three years and prior approval of the jurisdictional Principal Commissioner/Commissioner of Customs under s.65. AAR further clarified that valuation and duty treatment of wastage/scrap generated during such operations will be governed by s.65(2), differing based on whether resultant goods are exported or cleared for home consumption.
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