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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Lip seals, being predominantly made of vulcanised rubber, were held classifiable under heading 4016 rather than as motor vehicle parts under Chapter 87, because Section Note 2(a) to Section XVII excludes such rubber articles from Chapter 87. The extended limitation period was rejected because a dispute over tariff classification, without collusion, wilful misstatement or suppression with intent to evade duty, does not satisfy section 28(4); the related penalty under section 114A was also set aside. Valuation, and the classifications of the heater and CAM, were remanded to the Commissioner for fresh consideration after verification of freight certificates and the appellant's explanation of use.
Lip seals, being predominantly made of vulcanised rubber, were held classifiable under heading 4016 rather than as motor vehicle parts under Chapter 87, because Section Note 2(a) to Section XVII excludes such rubber articles from Chapter 87. The extended limitation period was rejected because a dispute over tariff classification, without collusion, wilful misstatement or suppression with intent to evade duty, does not satisfy section 28(4); the related penalty under section 114A was also set aside. Valuation, and the classifications of the heater and CAM, were remanded to the Commissioner for fresh consideration after verification of freight certificates and the appellant's explanation of use.
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