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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Additional customs duty under Section 3(1) is levied to maintain parity with like goods manufactured in India, so imported goods are treated as if manufactured domestically for concessional CVD under Notification No. 12/2012-CE. On that basis, the condition of non-availment of CENVAT credit could not be denied to an importer merely because it is tied to manufacture and cannot be literally shown by a trader-importer. The reasoning in SRF Ltd. was applied, the strict-construction plea based on Hari Chand Shri Gopal was distinguished, and procedural limits in the EDI system could not defeat the substantive concession. The concessional rate was extended and the Department's appeal was dismissed.
Additional customs duty under Section 3(1) is levied to maintain parity with like goods manufactured in India, so imported goods are treated as if manufactured domestically for concessional CVD under Notification No. 12/2012-CE. On that basis, the condition of non-availment of CENVAT credit could not be denied to an importer merely because it is tied to manufacture and cannot be literally shown by a trader-importer. The reasoning in SRF Ltd. was applied, the strict-construction plea based on Hari Chand Shri Gopal was distinguished, and procedural limits in the EDI system could not defeat the substantive concession. The concessional rate was extended and the Department's appeal was dismissed.
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