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 the valuation of medicaments for excise duty purposes u/s 4 or 4A of the Central Excise Act, 1944. The issue was whether medicaments supplied to institutions should be assessed u/s 4 or 4A. CESTAT held that when medicaments are supplied to institutions without a retail price, valuation should be u/s 4. Citing a previous case, it was established that for goods supplied to institutions, valuation should be u/s 4, not 4A. Regarding cenvat credit on control samples, the appellant had paid the duty but contested the penalty. Due to the debatable nature of the issue, penalty was set aside. The impugned orders were modified, and the appeal was allowed.
The case involved the valuation of medicaments for excise duty purposes u/s 4 or 4A of the Central Excise Act, 1944. The issue was whether medicaments supplied to institutions should be assessed u/s 4 or 4A. CESTAT held that when medicaments are supplied to institutions without a retail price, valuation should be u/s 4. Citing a previous case, it was established that for goods supplied to institutions, valuation should be u/s 4, not 4A. Regarding cenvat credit on control samples, the appellant had paid the duty but contested the penalty. Due to the debatable nature of the issue, penalty was set aside. The impugned orders were modified, and the appeal was allowed.
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