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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax without claiming the benefit of an exemption notification. Since neither the Central Excise officer modified the assessment nor was the self-assessment appealed against before the Commissioner (Appeals), the assessment remained unchanged. - The Tribunal concluded that refund proceedings cannot modify assessments, whether self-assessed or not. They emphasized that refund proceedings are akin to execution proceedings and should follow the assessment made, without altering it. Therefore, the Tribunal upheld the impugned order, rejecting the appellant's appeal.
Refund of Service tax paid - time limitation - The Appellate Tribunal examined the submissions and found that the appellant had self-assessed and paid service tax without claiming the benefit of an exemption notification. Since neither the Central Excise officer modified the assessment nor was the self-assessment appealed against before the Commissioner (Appeals), the assessment remained unchanged. - The Tribunal concluded that refund proceedings cannot modify assessments, whether self-assessed or not. They emphasized that refund proceedings are akin to execution proceedings and should follow the assessment made, without altering it. Therefore, the Tribunal upheld the impugned order, rejecting the appellant's appeal.
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