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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Anti-dumping duty under N/N. 15/2023-Customs (ADD) was held inapplicable to imported laser sources because the goods, as presented at import, were only parts/components lacking independent functionality and not capable of cutting, marking, or welding without integration with multiple subsystems. Applying Customs Tariff Act principles and GIR Rule 2(a), an incomplete article can be treated as a complete machine only if it has the essential character of the finished product, which a standalone laser source does not. Consequently, levy of anti-dumping duty was denied for such laser sources, while leaving it open to examine whether imports form part of an SKD/CKD assembly of a complete machine. - AAR
Anti-dumping duty under N/N. 15/2023-Customs (ADD) was held inapplicable to imported laser sources because the goods, as presented at import, were only parts/components lacking independent functionality and not capable of cutting, marking, or welding without integration with multiple subsystems. Applying Customs Tariff Act principles and GIR Rule 2(a), an incomplete article can be treated as a complete machine only if it has the essential character of the finished product, which a standalone laser source does not. Consequently, levy of anti-dumping duty was denied for such laser sources, while leaving it open to examine whether imports form part of an SKD/CKD assembly of a complete machine. - AAR
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