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    Export of services and royalty-related input tax credit supported refund, while turnover issues went back for reconsideration
    GST refund deficiency memos must specify exact defects; vague RFD-03 notices cannot sustain rejection of refund claims
    Alternate remedy and natural justice limits kept the writ challenge to a CGST adjudication order out of writ jurisdiction
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    Site restoration deduction upheld; reassessment quashed for lack of reasons and notice beyond limitation
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    Comparability filters in TNMM require upfront R&D screening and broadly similar turnover scales for software services.
    Functional comparability in wholesale auto-component trading excludes retail and after-sales comparables, deleting transfer pricing adjustments
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Insolvency and Bankruptcy

Approval of the Resolution Plan - Requirement of liability of PF...

Tribunal Enforces Full Payment of EPF and ESI Dues, Mandates Settlement of Section 7Q and Waiver Application for 14B.

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Insolvency and Bankruptcy March 30, 2024 Case Laws AT
Approval of the Resolution Plan - Requirement of liability of PF and ESI dues to be paid in Full - Claim u/s 7A, 7Q, and 14B of the Employees' Provident Funds & Miscellaneous Provisions Act 1952 - The Tribunal noted that while the amount under Section 7A had been fully paid, no payment had been made towards the amounts claimed under Sections 7Q and 14B. It referred to legal precedents and held that all amounts claimed under Sections 7A, 7Q, and 14B were part of provident fund dues, emphasizing the importance of paying them in full. The Tribunal cited judgments and directed the Successful Resolution Applicant to make the necessary payments under Section 7Q within two months and apply for waiver of damages under Section 14B within 30 days.

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Acts Income Tax