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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Proceedings apply the preponderance of probabilities standard in adjudicating alleged unauthorised inward remittances and breaches of duties by authorised persons; the tribunal found contraventions established by corroborative bank credit entries and TT references and upheld liability for the transfers identified. The tribunal treated FEMA and Customs inquiries as independent, so absence of Customs action did not vitiate FEMA findings. Confiscation of seized foreign currency recovered from the individual was upheld for failure to surrender within the prescribed period. The tribunal adjusted seized cash against penalty and reduced cumulative penalties on the company and individual to specified amounts, while upholding the confiscation order.
Proceedings apply the preponderance of probabilities standard in adjudicating alleged unauthorised inward remittances and breaches of duties by authorised persons; the tribunal found contraventions established by corroborative bank credit entries and TT references and upheld liability for the transfers identified. The tribunal treated FEMA and Customs inquiries as independent, so absence of Customs action did not vitiate FEMA findings. Confiscation of seized foreign currency recovered from the individual was upheld for failure to surrender within the prescribed period. The tribunal adjusted seized cash against penalty and reduced cumulative penalties on the company and individual to specified amounts, while upholding the confiscation order.
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