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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Enhancement of the assessable value of imported old and used machines could not be sustained where the local Chartered Engineer certificate was issued without opening and examining the goods. The Tribunal noted that the goods had already been examined and released on the basis of the load port certificate furnished by the importer, while the later local certificate, used to finalise provisional assessment and raise differential duty, pre-dated the 100% examination and therefore lacked evidentiary validity. On that basis, the value enhancement was held legally unsustainable, and the consequential customs duty demand with interest was set aside.
Enhancement of the assessable value of imported old and used machines could not be sustained where the local Chartered Engineer certificate was issued without opening and examining the goods. The Tribunal noted that the goods had already been examined and released on the basis of the load port certificate furnished by the importer, while the later local certificate, used to finalise provisional assessment and raise differential duty, pre-dated the 100% examination and therefore lacked evidentiary validity. On that basis, the value enhancement was held legally unsustainable, and the consequential customs duty demand with interest was set aside.
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