Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.
Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.
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