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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Proceedings for revocation of a customs broker licence were held time-barred because the show cause notice was issued beyond the mandatory 90-day period from receipt of the offence report under Regulation 17(1) of CBLR 2018, vitiating the action at the threshold and requiring the order to be set aside. On merits, no breach of Regulations 10(e) and 10(n) was found since statutory KYC was obtained and verified from official portals and the broker had undertaken no clearance activity (no Bill of Entry filed) as goods were intercepted prior to transhipment, negating any due-diligence lapse. Consequently, revocation, security forfeiture and penalty were held disproportionate and were quashed, with direction to restore the licence. - CESTAT
Proceedings for revocation of a customs broker licence were held time-barred because the show cause notice was issued beyond the mandatory 90-day period from receipt of the offence report under Regulation 17(1) of CBLR 2018, vitiating the action at the threshold and requiring the order to be set aside. On merits, no breach of Regulations 10(e) and 10(n) was found since statutory KYC was obtained and verified from official portals and the broker had undertaken no clearance activity (no Bill of Entry filed) as goods were intercepted prior to transhipment, negating any due-diligence lapse. Consequently, revocation, security forfeiture and penalty were held disproportionate and were quashed, with direction to restore the licence. - CESTAT
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