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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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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