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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Re-determination of assessable value under customs valuation focuses on whether declared transaction value includes costs for delivery and whether rule 10 supplementation or surrogate valuation was justified. The analysis emphasises that declared price purporting to be CIF cannot be supplemented by loading costs under rule 10 absent evidence that such costs were excluded from the contracted price, and that dispute over origin does not ipso facto render shipment costs indeterminate. The absence of use of rule 7 and rule 8 procedures for identical or similar goods was criticised, and the tribunal found no legal basis for upward re-valuation, confiscation or penalties on the impugned facts, setting aside the order.
Re-determination of assessable value under customs valuation focuses on whether declared transaction value includes costs for delivery and whether rule 10 supplementation or surrogate valuation was justified. The analysis emphasises that declared price purporting to be CIF cannot be supplemented by loading costs under rule 10 absent evidence that such costs were excluded from the contracted price, and that dispute over origin does not ipso facto render shipment costs indeterminate. The absence of use of rule 7 and rule 8 procedures for identical or similar goods was criticised, and the tribunal found no legal basis for upward re-valuation, confiscation or penalties on the impugned facts, setting aside the order.
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