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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The case involved a refund claim for duty paid under protest, rejected on the ground of unjust enrichment. The appellant paid duty under protest and filed a refund claim for excess duty paid. The Tribunal held that the appellant passed the bar of unjust enrichment by providing a certificate from a Chartered Accountant and showing the refund amount in the Balance sheet. The appellant was entitled to the refund as per the decision in a previous case with similar facts. The appellant was also granted interest u/s 27A of the Customs Act, 1962 from three months after filing the refund claim. The Tribunal set aside the order and allowed the appeal.
The case involved a refund claim for duty paid under protest, rejected on the ground of unjust enrichment. The appellant paid duty under protest and filed a refund claim for excess duty paid. The Tribunal held that the appellant passed the bar of unjust enrichment by providing a certificate from a Chartered Accountant and showing the refund amount in the Balance sheet. The appellant was entitled to the refund as per the decision in a previous case with similar facts. The appellant was also granted interest u/s 27A of the Customs Act, 1962 from three months after filing the refund claim. The Tribunal set aside the order and allowed the appeal.
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