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...
Recovery of erroneous refund - amount paid by the appellant’s Chennai Unit towards the pre-deposit in connection with an appeal filed arising out of order in Tuticorin Central Excise Division with a different Registration Number - The Appellate Tribunal finds that the payment made by the appellant towards pre-deposit for filing the appeal should indeed be considered a pre-deposit and not an excess payment of duty. This conclusion is supported by legal precedents and the purpose for which the payment was made. The Tribunal agrees with the appellant's argument that since the payment was made as a pre-deposit under Section 35F, the provisions of Section 11B regarding limitation should not apply. As a result, the Tribunal allowed the appeal and granted the company the refund of the pre-deposit amount.
Recovery of erroneous refund - amount paid by the appellant’s Chennai Unit towards the pre-deposit in connection with an appeal filed arising out of order in Tuticorin Central Excise Division with a different Registration Number - The Appellate Tribunal finds that the payment made by the appellant towards pre-deposit for filing the appeal should indeed be considered a pre-deposit and not an excess payment of duty. This conclusion is supported by legal precedents and the purpose for which the payment was made. The Tribunal agrees with the appellant's argument that since the payment was made as a pre-deposit under Section 35F, the provisions of Section 11B regarding limitation should not apply. As a result, the Tribunal allowed the appeal and granted the company the refund of the pre-deposit amount.
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