Transfer pricing comparability under TNMM: foreign exchange loss on ECB excluded from operating cost, and a functionally dissimilar comparator removed...
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Penalty on a customs broker was not justified where employees independently took clients and filed Bills of Entry without the broker's knowledge, approval, or authorisation. The Tribunal found no evidence that the broker had any active role in the prohibited acts, and noted that the employees had admitted acting without the Managing Director's consent. It also considered the broker's action against the erring employees. In the absence of material showing knowledge, authorisation, or involvement, the penalty imposed under the relevant customs broker regulation was set aside.
Penalty on a customs broker was not justified where employees independently took clients and filed Bills of Entry without the broker's knowledge, approval, or authorisation. The Tribunal found no evidence that the broker had any active role in the prohibited acts, and noted that the employees had admitted acting without the Managing Director's consent. It also considered the broker's action against the erring employees. In the absence of material showing knowledge, authorisation, or involvement, the penalty imposed under the relevant customs broker regulation was set aside.
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