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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Refund of excess duty paid under protest - date on which notification came into effect. - The Tribunal referred to Section 5A of the Central Excise Act, which stipulates that a notification comes into force upon publication in the official gazette and offering for sale on the date of its issue. It cited precedents and held that the notifications were effective only from their publication dates, not from the issue dates. The Tribunal upheld the appellant's argument, emphasizing that the notifications were not effective on the specified dates due to non-publication.
Refund of excess duty paid under protest - date on which notification came into effect. - The Tribunal referred to Section 5A of the Central Excise Act, which stipulates that a notification comes into force upon publication in the official gazette and offering for sale on the date of its issue. It cited precedents and held that the notifications were effective only from their publication dates, not from the issue dates. The Tribunal upheld the appellant's argument, emphasizing that the notifications were not effective on the specified dates due to non-publication.
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