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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CESTAT considered classification of seized petroleum fractions by applying the "most akin" test and found the samples matched DMX-type Distillate Marine Fuel on tested parameters; cloud point, being a non-determinative specification under IS 16731, cannot alone justify seizure. The tribunal agreed with the Commissioner's view that reliance on a single non-essential parameter was improper, placed the balance of convenience in favour of the importer, and directed discharge of two bank guarantees and modification of provisional release conditions in line with the cited High Court decision.
CESTAT considered classification of seized petroleum fractions by applying the "most akin" test and found the samples matched DMX-type Distillate Marine Fuel on tested parameters; cloud point, being a non-determinative specification under IS 16731, cannot alone justify seizure. The tribunal agreed with the Commissioner's view that reliance on a single non-essential parameter was improper, placed the balance of convenience in favour of the importer, and directed discharge of two bank guarantees and modification of provisional release conditions in line with the cited High Court decision.
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