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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Statements recorded under section 108 were held inadmissible to prove smuggling, and the finding based on those statements was set aside. In town seizure circumstances with no foreign marking and purity below 99.9%, the burden under section 123 rests on the Revenue to prove reasonable belief of foreign origin; consequence: confiscation unsupported by evidence was reversed. Seizure was invalid for lack of reasonable belief under section 110, so confiscation under the Customs prohibitions and unloading provisions could not be sustained. Because confiscation failed on merits, penalties premised on that confiscation, and penalty for alleged use of fabricated invoices, were quashed and the appeal allowed.
Statements recorded under section 108 were held inadmissible to prove smuggling, and the finding based on those statements was set aside. In town seizure circumstances with no foreign marking and purity below 99.9%, the burden under section 123 rests on the Revenue to prove reasonable belief of foreign origin; consequence: confiscation unsupported by evidence was reversed. Seizure was invalid for lack of reasonable belief under section 110, so confiscation under the Customs prohibitions and unloading provisions could not be sustained. Because confiscation failed on merits, penalties premised on that confiscation, and penalty for alleged use of fabricated invoices, were quashed and the appeal allowed.
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