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 polyester knitted cut pile fabric, though classifiable under CTH 6001, was held to fall under the "others" sub-heading because the test report showed it was neither long pile nor looped pile fabric; being of man-made fibres, it was correctly classified under CTI 6001 92 00, and the consequential duty demand was sustained. Misdeclaration of quantity and nature of goods, including non-declaration of some goods, rendered them liable to confiscation under s.111(l) and (m) of the Customs Act, and confiscation was upheld. As the misdeclaration attracted confiscability, penalty under s.112 was also upheld, resulting in dismissal of the appeal. - CESTAT
Imported polyester knitted cut pile fabric, though classifiable under CTH 6001, was held to fall under the "others" sub-heading because the test report showed it was neither long pile nor looped pile fabric; being of man-made fibres, it was correctly classified under CTI 6001 92 00, and the consequential duty demand was sustained. Misdeclaration of quantity and nature of goods, including non-declaration of some goods, rendered them liable to confiscation under s.111(l) and (m) of the Customs Act, and confiscation was upheld. As the misdeclaration attracted confiscability, penalty under s.112 was also upheld, resulting in dismissal of the appeal. - CESTAT
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