Head Office cost allocation requires prescribed transfer-pricing methods; treaty ceilings bar surcharge and cess, while duplicate taxation is excluded...
Cost-to-cost reimbursement of seconded employees is not service consideration; transfer-pricing markup was deleted and amalgamation amortisation allow...
Crystallisation of liability supports prior-period expense deduction, while functionally distinct divisions require separate transfer-pricing benchmar...
Functional comparability under TNMM requires transaction-specific FAR analysis before benchmarking business-support services provided to associated en...
Section 123 presumption for seized primary gold and gold cut-pieces shifts the burden to the ownership claimant only after Customs establishes that the goods are of foreign origin. Foreign markings alone do not prove smuggling and require supporting evidence of illegal importation. Where the seized gold lacks clear foreign markings and Customs produces no further evidence of foreign origin or smuggled character, the burden remains with Customs. The statutory presumption does not apply in those circumstances, and confiscation of the gold and consequential penalty were set aside.
Section 123 presumption for seized primary gold and gold cut-pieces shifts the burden to the ownership claimant only after Customs establishes that the goods are of foreign origin. Foreign markings alone do not prove smuggling and require supporting evidence of illegal importation. Where the seized gold lacks clear foreign markings and Customs produces no further evidence of foreign origin or smuggled character, the burden remains with Customs. The statutory presumption does not apply in those circumstances, and confiscation of the gold and consequential penalty were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4915 
