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...
The case involved CENVAT credit on CVD and SAD components under CENVAT Credit Rules, 2004. The tribunal held that the appellant was entitled to a refund as they could not avail of the credit due to filing limitations. The appellant contested a previous court decision, stating it was not applicable to their case. The tribunal also ruled that cash refund of CVD/SAD was permissible u/s 142(3) of the CGST Act, citing a previous case. The Doctrine of Necessity was applied, allowing the refund due to non-availability of credit under GST regime. The appellant was granted the refund u/s 142(3) and (6) of the GST Act, setting aside the previous order.
The case involved CENVAT credit on CVD and SAD components under CENVAT Credit Rules, 2004. The tribunal held that the appellant was entitled to a refund as they could not avail of the credit due to filing limitations. The appellant contested a previous court decision, stating it was not applicable to their case. The tribunal also ruled that cash refund of CVD/SAD was permissible u/s 142(3) of the CGST Act, citing a previous case. The Doctrine of Necessity was applied, allowing the refund due to non-availability of credit under GST regime. The appellant was granted the refund u/s 142(3) and (6) of the GST Act, setting aside the previous order.
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