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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Interception and seizure of gold from an arriving passenger was upheld: officers acting on reasonable belief had jurisdiction to search and seize irrespective of exact point of interception. Possession of unmarked notified goods shifted the evidential burden to the possessor to prove lawful acquisition; absence of documentary proof and an un retracted admission sustained the statutory presumption of smuggling. Statements recorded under the customs evidence provision and assayer reports were admissible and, together with physical recovery and panchanama, furnished corroborative primary evidence. Denial of cross examination of panch witnesses was held non prejudicial on these facts and did not vitiate adjudication.
Interception and seizure of gold from an arriving passenger was upheld: officers acting on reasonable belief had jurisdiction to search and seize irrespective of exact point of interception. Possession of unmarked notified goods shifted the evidential burden to the possessor to prove lawful acquisition; absence of documentary proof and an un retracted admission sustained the statutory presumption of smuggling. Statements recorded under the customs evidence provision and assayer reports were admissible and, together with physical recovery and panchanama, furnished corroborative primary evidence. Denial of cross examination of panch witnesses was held non prejudicial on these facts and did not vitiate adjudication.
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