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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A show cause notice for customs duty recovery was legally maintainable under Section 28 even though the bill of entry and out-of-charge order had not been separately challenged, because short-levy could be pursued through statutory demand proceedings and the finality objection failed. On exemption, the Tribunal held that Boronated Calcium Nitrate is a distinct product from Calcium Nitrate under the Fertiliser (Control) Order, with different composition and solubility requirements; therefore the importer did not satisfy Entry No. 225(I)(b) of Notification No. 50/2017-Cus. Applying strict construction of exemption notifications, the concessional duty claim was rejected and the duty demand with interest was sustained.
A show cause notice for customs duty recovery was legally maintainable under Section 28 even though the bill of entry and out-of-charge order had not been separately challenged, because short-levy could be pursued through statutory demand proceedings and the finality objection failed. On exemption, the Tribunal held that Boronated Calcium Nitrate is a distinct product from Calcium Nitrate under the Fertiliser (Control) Order, with different composition and solubility requirements; therefore the importer did not satisfy Entry No. 225(I)(b) of Notification No. 50/2017-Cus. Applying strict construction of exemption notifications, the concessional duty claim was rejected and the duty demand with interest was sustained.
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