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 goods were found, on examination and CRCL testing, to be polyester filament yarn fabric though declared as viscose polyamide woven fabric; the importer did not dispute the mis-declaration and accepted re-classification and consequent re-assessment, so reclassification was sustained. Since the invoice related to different goods, the proper officer had reasonable doubt under Rule 12 to reject the declared transaction value; as no supporting evidence was produced, value was correctly re-determined under the sequential rules using contemporaneous import data of similar goods, and differential duty was sustained. Mis-declaration attracted confiscation under s.111(m); redemption fine at about 10% of value was upheld, and mandatory penalty equal to duty under s.114A was affirmed; appeal dismissed. - CESTAT
Imported goods were found, on examination and CRCL testing, to be polyester filament yarn fabric though declared as viscose polyamide woven fabric; the importer did not dispute the mis-declaration and accepted re-classification and consequent re-assessment, so reclassification was sustained. Since the invoice related to different goods, the proper officer had reasonable doubt under Rule 12 to reject the declared transaction value; as no supporting evidence was produced, value was correctly re-determined under the sequential rules using contemporaneous import data of similar goods, and differential duty was sustained. Mis-declaration attracted confiscation under s.111(m); redemption fine at about 10% of value was upheld, and mandatory penalty equal to duty under s.114A was affirmed; appeal dismissed. - CESTAT
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