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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Admissibility of retracted statements recorded during investigation cannot alone support enhancement of assessable value where they were restored without cross examination or independent corroboration; reliance on such statements to raise value was held unsustainable, and the enhancement was set aside. Valuation by reference to annexed import entries was invalidated because those imports were not shown to be contemporaneous, identical or demonstrably comparable, yet a uniform 25% uplift was applied without analysis, rendering the differential duty demand arbitrary and quashed. Penalties against an intermediary were annulled where a co intermediary's penalty for the same transactions had been dropped and attained finality, making disparate penalty confirmation unsupportable.
Admissibility of retracted statements recorded during investigation cannot alone support enhancement of assessable value where they were restored without cross examination or independent corroboration; reliance on such statements to raise value was held unsustainable, and the enhancement was set aside. Valuation by reference to annexed import entries was invalidated because those imports were not shown to be contemporaneous, identical or demonstrably comparable, yet a uniform 25% uplift was applied without analysis, rendering the differential duty demand arbitrary and quashed. Penalties against an intermediary were annulled where a co intermediary's penalty for the same transactions had been dropped and attained finality, making disparate penalty confirmation unsupportable.
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