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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Examination report finding that imported speakers were 'cone' type based on undisputed parabolic diaphragm shape was accepted, so the original classification as 'dome' type was set aside and the importer granted benefit under Notification No.21/2002 Cus. The tribunal held that classification by physical characteristics should ordinarily be resolved by expert sampling, but where the examination report is undisputed after prolonged litigation a remand was unnecessary. Invocation of the extended limitation proviso and imposition of penalties was rejected because no suppression or wilful misstatement was found; mere claim of an exemption does not amount to concealment.
Examination report finding that imported speakers were 'cone' type based on undisputed parabolic diaphragm shape was accepted, so the original classification as 'dome' type was set aside and the importer granted benefit under Notification No.21/2002 Cus. The tribunal held that classification by physical characteristics should ordinarily be resolved by expert sampling, but where the examination report is undisputed after prolonged litigation a remand was unnecessary. Invocation of the extended limitation proviso and imposition of penalties was rejected because no suppression or wilful misstatement was found; mere claim of an exemption does not amount to concealment.
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