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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Penalty on a customs broker was held unsustainable where export consignments were factory-sealed, the seals were found intact on , and the broker had obtained genuine KYC documents, including IEC, PAN, bank details, Aadhaar and self-sealing permission. On those facts, the Tribunal found that Revenue failed to prove that the broker, its director or employees had knowledge of the stuffing of red sanders or any attempt to export contraband goods. As knowledge of the prohibited goods was not established, no penalty could be imposed and the penalties on all appellants were set aside.
Penalty on a customs broker was held unsustainable where export consignments were factory-sealed, the seals were found intact on , and the broker had obtained genuine KYC documents, including IEC, PAN, bank details, Aadhaar and self-sealing permission. On those facts, the Tribunal found that Revenue failed to prove that the broker, its director or employees had knowledge of the stuffing of red sanders or any attempt to export contraband goods. As knowledge of the prohibited goods was not established, no penalty could be imposed and the penalties on all appellants were set aside.
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