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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The dominant issue was whether the statutory appeal was filed within the limitation period prescribed under Section 128(1) of the Customs Act, 1962, and within the further condonable period available to the appellate authority. The tribunal held that the appellant admittedly became aware of the order on 16.08.2021, yet filed the appeal well beyond the maximum period that could be condoned, and the Commissioner (Appeals) therefore lacked jurisdiction to entertain it, consistent with the principle that delay beyond the statutorily condonable limit cannot be excused. Consequently, the appeal was dismissed as time-barred. - CESTAT
The dominant issue was whether the statutory appeal was filed within the limitation period prescribed under Section 128(1) of the Customs Act, 1962, and within the further condonable period available to the appellate authority. The tribunal held that the appellant admittedly became aware of the order on 16.08.2021, yet filed the appeal well beyond the maximum period that could be condoned, and the Commissioner (Appeals) therefore lacked jurisdiction to entertain it, consistent with the principle that delay beyond the statutorily condonable limit cannot be excused. Consequently, the appeal was dismissed as time-barred. - CESTAT
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