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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Provisional release of imported perishable goods pending tariff classification was made conditional on stronger revenue safeguards because the classification dispute over roasted versus dried areca nuts remained for competent adjudication and the importer's financial position did not adequately secure possible dues. The Court noted that a prima facie expert report suggested no roasting, and that tariff valuation would depend on whether Section 14(2) applied. It modified the release conditions to require deposit of 50% of the determined amount and a bank guarantee for 25%, while also holding that customs authorities had unduly delayed adjudication without justification. It directed issuance of a show cause notice within two weeks and completion of adjudication within the fixed timeline.
Provisional release of imported perishable goods pending tariff classification was made conditional on stronger revenue safeguards because the classification dispute over roasted versus dried areca nuts remained for competent adjudication and the importer's financial position did not adequately secure possible dues. The Court noted that a prima facie expert report suggested no roasting, and that tariff valuation would depend on whether Section 14(2) applied. It modified the release conditions to require deposit of 50% of the determined amount and a bank guarantee for 25%, while also holding that customs authorities had unduly delayed adjudication without justification. It directed issuance of a show cause notice within two weeks and completion of adjudication within the fixed timeline.
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