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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The matter concerns revocation of a customs broker licence under the Customs Brokers Licensing Regulations, 2018 where Regulation 17(7) requires the Principal Commissioner to pass suspension or revocation orders within 90 days of submission of the inquiry report. The inquiry report was submitted on 28-03-2022 but the order in issue was passed on 16-08-2022, after more than 130 days. The tribunal found this a clear breach of the statutory 90 day deadline and noted no saving clause in the CBLR 2018 for delayed orders; accordingly the impugned revocation order was set aside and the appeal allowed.
The matter concerns revocation of a customs broker licence under the Customs Brokers Licensing Regulations, 2018 where Regulation 17(7) requires the Principal Commissioner to pass suspension or revocation orders within 90 days of submission of the inquiry report. The inquiry report was submitted on 28-03-2022 but the order in issue was passed on 16-08-2022, after more than 130 days. The tribunal found this a clear breach of the statutory 90 day deadline and noted no saving clause in the CBLR 2018 for delayed orders; accordingly the impugned revocation order was set aside and the appeal allowed.
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