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...
Annual Production Capacity determination under the applicable...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment bar.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Annual Production Capacity determination under the applicable rules is an administrative exercise rather than an appealable order; failure to challenge it therefore does not bar a refund claim. Duty imposed on stenter galleries, being unconstitutional, must be excluded when capacity is redetermined. The unjust-enrichment bar and refund provisions governing duty recovery do not apply where the levy itself was unconstitutional. Annual Production Capacity must be recalculated excluding galleries, consequential duty determined, and the refund claim processed. No interest is payable until the refund claim is determined. Questions concerning rectification applications remain unanswered.
Annual Production Capacity determination under the applicable rules is an administrative exercise rather than an appealable order; failure to challenge it therefore does not bar a refund claim. Duty imposed on stenter galleries, being unconstitutional, must be excluded when capacity is redetermined. The unjust-enrichment bar and refund provisions governing duty recovery do not apply where the levy itself was unconstitutional. Annual Production Capacity must be recalculated excluding galleries, consequential duty determined, and the refund claim processed. No interest is payable until the refund claim is determined. Questions concerning rectification applications remain unanswered.
Note: It is a system-generated summary and is for quick reference only.