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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Revocation of a customs broker licence and penalties under CBLR, 2018 for alleged breaches of regulations 10(d), 10(e), 10(n) and 10(q) were set aside because the findings rested on unverified and sketchy material despite specific denial of any connection with the impugned exports and exporters. The authorities failed to supply the relevant shipping bills to enable an effective rebuttal, relied on notices sent to an address not shown to be linked to the broker, and did not verify foundational documents establishing any nexus between the broker and the exporters. The impugned order was held to be non-reasoned and unsustainable; the appeal was allowed. - CESTAT
Revocation of a customs broker licence and penalties under CBLR, 2018 for alleged breaches of regulations 10(d), 10(e), 10(n) and 10(q) were set aside because the findings rested on unverified and sketchy material despite specific denial of any connection with the impugned exports and exporters. The authorities failed to supply the relevant shipping bills to enable an effective rebuttal, relied on notices sent to an address not shown to be linked to the broker, and did not verify foundational documents establishing any nexus between the broker and the exporters. The impugned order was held to be non-reasoned and unsustainable; the appeal was allowed. - CESTAT
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