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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Interest on delayed refund - Interest for the delay in payment of additional duty - calculation of relevant time - The Tribunal noted that the appellant had already been sanctioned the principal amount by the proper authority, rendering the provisions of unjust enrichment under Section 18(5) of the Customs Act, 1962, inapplicable. - Regarding the objection raised by the respondent, the Tribunal held that since the appellant's prayer was to allow interest as per the law, they had the right to raise the question of law at the appeal stage. However, considering that the adjudication/appellate authority had not considered the provisions of Section 18(4) of the Customs Act, 1962, the appeal was remanded to the adjudication authority to reconsider the appellant's entitlement to interest under the said provision.
Interest on delayed refund - Interest for the delay in payment of additional duty - calculation of relevant time - The Tribunal noted that the appellant had already been sanctioned the principal amount by the proper authority, rendering the provisions of unjust enrichment under Section 18(5) of the Customs Act, 1962, inapplicable. - Regarding the objection raised by the respondent, the Tribunal held that since the appellant's prayer was to allow interest as per the law, they had the right to raise the question of law at the appeal stage. However, considering that the adjudication/appellate authority had not considered the provisions of Section 18(4) of the Customs Act, 1962, the appeal was remanded to the adjudication authority to reconsider the appellant's entitlement to interest under the said provision.
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