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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Penalty u/r 26(1) of Central Excise Rules, 2002 - charge of abating the evasion of duty by the Main Party - The appellant argued that since the main party's case of duty evasion had been settled under the Sabka Vishwas Scheme, 2019, they should not be penalized. The Tribunal agreed with this argument, citing legal precedents that supported setting aside penalties on co-noticees once the main case is resolved. Consequently, the Tribunal set aside the penalty and allowed the appeal.
Penalty u/r 26(1) of Central Excise Rules, 2002 - charge of abating the evasion of duty by the Main Party - The appellant argued that since the main party's case of duty evasion had been settled under the Sabka Vishwas Scheme, 2019, they should not be penalized. The Tribunal agreed with this argument, citing legal precedents that supported setting aside penalties on co-noticees once the main case is resolved. Consequently, the Tribunal set aside the penalty and allowed the appeal.
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