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 forfeiture of security deposit for alleged breaches of regulations 10(a), 10(d), 10(e), 10(f) and 10(n) of CBLR, 2018 turned on whether the broker failed core due diligence and advisory obligations. The charge under regulation 10(a) failed because the authorization was on record and its authenticity was undisputed, so later non-contact with the signatory could not invalidate it. The charges under regulations 10(f) and 10(n) failed as no specific special procedure was shown for the goods and stipulated online verification had been undertaken. Only regulation 10(d) was sustained for failure to advise the client appropriately; consequently, revocation and forfeiture were set aside as disproportionate, while a monetary penalty was upheld. - CESTAT
Revocation of a customs broker licence and forfeiture of security deposit for alleged breaches of regulations 10(a), 10(d), 10(e), 10(f) and 10(n) of CBLR, 2018 turned on whether the broker failed core due diligence and advisory obligations. The charge under regulation 10(a) failed because the authorization was on record and its authenticity was undisputed, so later non-contact with the signatory could not invalidate it. The charges under regulations 10(f) and 10(n) failed as no specific special procedure was shown for the goods and stipulated online verification had been undertaken. Only regulation 10(d) was sustained for failure to advise the client appropriately; consequently, revocation and forfeiture were set aside as disproportionate, while a monetary penalty was upheld. - CESTAT
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