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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
CESTAT held that a permission addressed to a canalising agency permitting import via a State Trading Enterprise can constitute a valid import licence; the permission directed to the canalising agency was treated as a proper licence. However, because the Ministry's permission was subject to specific conditions that were not examined in the record, the tribunal remanded the matter to the adjudicating authority to consider compliance with those licence conditions before deciding on confiscation under relevant customs provisions and imposition of penalty. Appeal allowed by way of remand for expeditious adjudication.
CESTAT held that a permission addressed to a canalising agency permitting import via a State Trading Enterprise can constitute a valid import licence; the permission directed to the canalising agency was treated as a proper licence. However, because the Ministry's permission was subject to specific conditions that were not examined in the record, the tribunal remanded the matter to the adjudicating authority to consider compliance with those licence conditions before deciding on confiscation under relevant customs provisions and imposition of penalty. Appeal allowed by way of remand for expeditious adjudication.
Note: It is a system-generated summary and is for quick reference only.