Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Remission of Central Excise Duty - The tribunal found Rule 21 inapplicable, as it pertains to goods lost or destroyed before clearance from the factory, not to loss of production capacity. - It was held that the appellant could not claim abatement for non-production under Rule 8, as the factory's closure did not meet the minimum period stipulated for such abatement. - The tribunal dismissed the argument of unjust enrichment by referencing the Supreme Court's stance that refund claims based on taxes paid under an unconstitutional law are not unconditional and highlighted that the concept of unjust enrichment does not apply straightforwardly to the state in cases of tax collection and refund.
Remission of Central Excise Duty - The tribunal found Rule 21 inapplicable, as it pertains to goods lost or destroyed before clearance from the factory, not to loss of production capacity. - It was held that the appellant could not claim abatement for non-production under Rule 8, as the factory's closure did not meet the minimum period stipulated for such abatement. - The tribunal dismissed the argument of unjust enrichment by referencing the Supreme Court's stance that refund claims based on taxes paid under an unconstitutional law are not unconditional and highlighted that the concept of unjust enrichment does not apply straightforwardly to the state in cases of tax collection and refund.
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