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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Rejection of declared transaction value was upheld where an interlocking body of contemporaneous private and electronic records, parallel invoices and voluntary admissions established that declared invoices omitted true consideration; such electronic records, corroborated by admissions, were admitted as probative. Given fabricated documents, clandestine payments and unreliable comparables, the Tribunal applied the residual valuation method under Rule 9 to re determine assessable value and sustained demand for differential duty with automatic interest. The Tribunal lawfully invoked extended limitation on findings of deliberate non disclosure, upheld confiscation for conscious misdeclaration with redemption option, and affirmed mandatory and personal penalties for fraud or wilful suppression on the record of admissions and corroborative documents.
Rejection of declared transaction value was upheld where an interlocking body of contemporaneous private and electronic records, parallel invoices and voluntary admissions established that declared invoices omitted true consideration; such electronic records, corroborated by admissions, were admitted as probative. Given fabricated documents, clandestine payments and unreliable comparables, the Tribunal applied the residual valuation method under Rule 9 to re determine assessable value and sustained demand for differential duty with automatic interest. The Tribunal lawfully invoked extended limitation on findings of deliberate non disclosure, upheld confiscation for conscious misdeclaration with redemption option, and affirmed mandatory and personal penalties for fraud or wilful suppression on the record of admissions and corroborative documents.
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