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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CESTAT set aside customs penalties under Sections 112(a) and 114AA because the revenue failed to prove the alleged collusion and evasion scheme. The Tribunal followed its earlier orders in the appellant's own case and in identical matters, noting that the alleged fake certificates of origin had not been investigated or established through the Malaysian authorities. It also found that the electronic documents relied upon against the appellant were inadmissible in evidence. As the foundational allegations were not proved, the penalty basis failed and no penal liability survived.
CESTAT set aside customs penalties under Sections 112(a) and 114AA because the revenue failed to prove the alleged collusion and evasion scheme. The Tribunal followed its earlier orders in the appellant's own case and in identical matters, noting that the alleged fake certificates of origin had not been investigated or established through the Malaysian authorities. It also found that the electronic documents relied upon against the appellant were inadmissible in evidence. As the foundational allegations were not proved, the penalty basis failed and no penal liability survived.
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