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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Imported inputs/parts for manufacturing cellular mobile phones in a bonded warehouse were examined for simultaneous eligibility of exemption under N/N 57/2017-Cus (IGCR) and duty deferment under the MOOWR scheme, and for the treatment of manufacturing waste/scrap. It was held that IGCR benefits can be availed along with MOOWR, provided all conditions under the notification and IGCR Rules (including time limits and end-use compliance) are strictly met in addition to MOOWR requirements. However, disposal of waste/refuse generated in a MOOWR unit is governed exclusively by s.65(2) of the Customs Act read with MOOWR Regulations; duty neutrality applies on export of finished goods if linked waste is destroyed or cleared on duty, while home consumption attracts duty on finished goods and input-content in waste. - AAR
Imported inputs/parts for manufacturing cellular mobile phones in a bonded warehouse were examined for simultaneous eligibility of exemption under N/N 57/2017-Cus (IGCR) and duty deferment under the MOOWR scheme, and for the treatment of manufacturing waste/scrap. It was held that IGCR benefits can be availed along with MOOWR, provided all conditions under the notification and IGCR Rules (including time limits and end-use compliance) are strictly met in addition to MOOWR requirements. However, disposal of waste/refuse generated in a MOOWR unit is governed exclusively by s.65(2) of the Customs Act read with MOOWR Regulations; duty neutrality applies on export of finished goods if linked waste is destroyed or cleared on duty, while home consumption attracts duty on finished goods and input-content in waste. - AAR
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