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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Tribunal held that the Revenue failed to discharge the burden to show seized currency and goods were proceeds of clandestine removals; appellants produced documentary evidence and affidavits which were not specifically rebutted, so confiscations were set aside. The Tribunal rejected reliance on a theoretical input output formula and selective statements without corroboration, finding the formula inadequate absent independent proof (QTR, buyers, transport, receipt of consideration) and quashed duty demands. Penalties were vacated for lack of proof of willful suppression where records and statutory registers were produced. All impugned seizures, demands and penalties were set aside.
Tribunal held that the Revenue failed to discharge the burden to show seized currency and goods were proceeds of clandestine removals; appellants produced documentary evidence and affidavits which were not specifically rebutted, so confiscations were set aside. The Tribunal rejected reliance on a theoretical input output formula and selective statements without corroboration, finding the formula inadequate absent independent proof (QTR, buyers, transport, receipt of consideration) and quashed duty demands. Penalties were vacated for lack of proof of willful suppression where records and statutory registers were produced. All impugned seizures, demands and penalties were set aside.
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