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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Demand for customs duty on imported marble used by EOUs was rejected because DTA clearances occurred under judicial stay subject to payment of excise equal to customs, so there was no short-levy or revenue loss; consequential interest and customs demand were set aside. Mandatory penalty for collusion was unsustainable where no duty was short-levied. Confiscation did not apply because clearances were sanctioned by the proper officer under the stay and goods were used in manufacture. Redemption fines cannot be imposed compulsorily except where provisional release on bond creates that obligation.
Demand for customs duty on imported marble used by EOUs was rejected because DTA clearances occurred under judicial stay subject to payment of excise equal to customs, so there was no short-levy or revenue loss; consequential interest and customs demand were set aside. Mandatory penalty for collusion was unsustainable where no duty was short-levied. Confiscation did not apply because clearances were sanctioned by the proper officer under the stay and goods were used in manufacture. Redemption fines cannot be imposed compulsorily except where provisional release on bond creates that obligation.
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