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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Regulation 10(a): the broker's authorization requirement was satisfied where an authorization letter from the importer's agent authorized clearance; reliance on a statement under s.108 was impermissible without following s.138B, so no breach found - authorization upheld. Regulation 10(d): alleged failure to notify customs about lithium-battery markings rested solely on an unreliable s.108 statement absent s.138B compliance, so the charge fails. Regulation 10(e): alleged lack of due diligence based on the same inadmissible s.108 statement, hence no established contravention. Regulation 10(n): KYC/IEC/GSTIN verification requirement was met by production of documents; no allegation or finding of forgery, so no violation. Impugned order set aside - CESTAT
Regulation 10(a): the broker's authorization requirement was satisfied where an authorization letter from the importer's agent authorized clearance; reliance on a statement under s.108 was impermissible without following s.138B, so no breach found - authorization upheld. Regulation 10(d): alleged failure to notify customs about lithium-battery markings rested solely on an unreliable s.108 statement absent s.138B compliance, so the charge fails. Regulation 10(e): alleged lack of due diligence based on the same inadmissible s.108 statement, hence no established contravention. Regulation 10(n): KYC/IEC/GSTIN verification requirement was met by production of documents; no allegation or finding of forgery, so no violation. Impugned order set aside - CESTAT
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