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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SEZ refund entitlement was held to depend on actual use of services for authorised operations and undisputed service tax payment, not on technical invoice defects. The Tribunal treated invoice mismatches, rubber-stamp corrections and missing originals as procedural irregularities that could not defeat substantive eligibility where receipt of services, tax payment and nexus with the SEZ unit were established. It also held that works contract services for piling and infrastructure of the approved manufacturing block fell within authorised operations on a liberal, purposive reading of the SEZ scheme, whose beneficial provisions override inconsistent documentation requirements. The refund rejection was therefore set aside and the refund held admissible.
SEZ refund entitlement was held to depend on actual use of services for authorised operations and undisputed service tax payment, not on technical invoice defects. The Tribunal treated invoice mismatches, rubber-stamp corrections and missing originals as procedural irregularities that could not defeat substantive eligibility where receipt of services, tax payment and nexus with the SEZ unit were established. It also held that works contract services for piling and infrastructure of the approved manufacturing block fell within authorised operations on a liberal, purposive reading of the SEZ scheme, whose beneficial provisions override inconsistent documentation requirements. The refund rejection was therefore set aside and the refund held admissible.
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