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...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
Fraudulently obtained SEIS scrips were treated as void ab...
Fraudulently obtained SEIS scrips cannot support customs exemption; recovery, confiscation and penalties were sustained, but employee penalty fell away.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Fraudulently obtained SEIS scrips were treated as void ab initio, so the customs exemption based on them was never available. The tribunal found that the exporter had misdeclared IT and IT-enabled services as management consulting services to obtain the scrips, and that their later utilisation for duty payment satisfied Section 28AAA, justifying recovery of duty with interest. It also rejected the challenge to use of the Section 108 statement, finding no prejudice from the absence of further examination and no retraction of the statement. On the same facts, confiscation and penalties for fraudulent exemption claims were sustained, but the personal penalty on the employee-CFO was set aside.
Fraudulently obtained SEIS scrips were treated as void ab initio, so the customs exemption based on them was never available. The tribunal found that the exporter had misdeclared IT and IT-enabled services as management consulting services to obtain the scrips, and that their later utilisation for duty payment satisfied Section 28AAA, justifying recovery of duty with interest. It also rejected the challenge to use of the Section 108 statement, finding no prejudice from the absence of further examination and no retraction of the statement. On the same facts, confiscation and penalties for fraudulent exemption claims were sustained, but the personal penalty on the employee-CFO was set aside.
Note: It is a system-generated summary and is for quick reference only.