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...
Misdeclaration of an imported vehicle in description, origin, value and seating capacity attracted confiscation, redemption fine, duty and penalty under a scheme operating in distinct fields. The Court held that re-export after payment of redemption fine did not extinguish the importer's separate liability to duty, appropriation and other consequences flowing from improper import; Section 125(2) preserves liability to duty and charges in addition to redemption fine. It also upheld penalty for knowingly using false or incorrect documents, finding that Section 114AA covers making, signing or using materially false declarations and does not require a separate allegation that the importer personally caused falsification. The Tribunal's contrary view was set aside.
Misdeclaration of an imported vehicle in description, origin, value and seating capacity attracted confiscation, redemption fine, duty and penalty under a scheme operating in distinct fields. The Court held that re-export after payment of redemption fine did not extinguish the importer's separate liability to duty, appropriation and other consequences flowing from improper import; Section 125(2) preserves liability to duty and charges in addition to redemption fine. It also upheld penalty for knowingly using false or incorrect documents, finding that Section 114AA covers making, signing or using materially false declarations and does not require a separate allegation that the importer personally caused falsification. The Tribunal's contrary view was set aside.
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