Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
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Refund of SAD - The tribunal noted that the Adjudicating Authority had accepted the CA Certificate in support of the refund claim for some Bills of Entry but had requested a cost structure certificate for others, which was not required by the relevant notification or circular. They emphasized that the key factor was whether the SAD had been paid, regardless of whether goods were imported on a transaction value or MRP basis. The tribunal found that the appellant had established through the CA Certificate that the duty burden had not been passed on to the customer, rendering them eligible for a refund. Therefore, they set aside the rejection of the refund claim.
Refund of SAD - The tribunal noted that the Adjudicating Authority had accepted the CA Certificate in support of the refund claim for some Bills of Entry but had requested a cost structure certificate for others, which was not required by the relevant notification or circular. They emphasized that the key factor was whether the SAD had been paid, regardless of whether goods were imported on a transaction value or MRP basis. The tribunal found that the appellant had established through the CA Certificate that the duty burden had not been passed on to the customer, rendering them eligible for a refund. Therefore, they set aside the rejection of the refund claim.
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