Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Penalty under section 112(b) requires proof that a person acquired possession of or dealt with goods liable to confiscation, together with knowledge or belief that the goods were so liable. The Tribunal held that this standard was not met where the appellants consistently maintained they had only supplied fabricated material and scrap to an SEZ unit, had no purchase transactions with it, and were manufacturers rather than traders. It also held that statements recorded under section 108 could not be relied on because the procedure under section 138B had not been followed. The penalties were therefore set aside.
Penalty under section 112(b) requires proof that a person acquired possession of or dealt with goods liable to confiscation, together with knowledge or belief that the goods were so liable. The Tribunal held that this standard was not met where the appellants consistently maintained they had only supplied fabricated material and scrap to an SEZ unit, had no purchase transactions with it, and were manufacturers rather than traders. It also held that statements recorded under section 108 could not be relied on because the procedure under section 138B had not been followed. The penalties were therefore set aside.
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