SEZ-unit profit deduction covers voluntary transfer-pricing adjustments, while exempt-income costs, foreign-exchange loss and ITeS comparables are exa...
Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreemen...
Explained Investment Sources: documented gifts and traceable salary savings supported deletion of additions for property and mutual-fund SIP investmen...
Internal comparable pricing supports arm's-length interest on compulsorily convertible debentures, preventing their recharacterisation as equity for t...
The case involved a dispute regarding the refund of Cenvat duty on education cess and secondary & higher education cess. The appellant, registered in Jammu & Kashmir, availed area-based exemption under Notification No. 56/2002-CE. The issue was whether education cess and S&H education cess paid through Cenvat Credit account could be refunded. The Supreme Court precedent clarified that exemptions must be explicitly stated in notifications. The tribunal found the rejection of a portion of the refund valid but held that appropriation of a specific amount without notice or hearing was improper. The appeal was partially allowed, with the rejection of a refund amount upheld but the appropriation set aside.
The case involved a dispute regarding the refund of Cenvat duty on education cess and secondary & higher education cess. The appellant, registered in Jammu & Kashmir, availed area-based exemption under Notification No. 56/2002-CE. The issue was whether education cess and S&H education cess paid through Cenvat Credit account could be refunded. The Supreme Court precedent clarified that exemptions must be explicitly stated in notifications. The tribunal found the rejection of a portion of the refund valid but held that appropriation of a specific amount without notice or hearing was improper. The appeal was partially allowed, with the rejection of a refund amount upheld but the appropriation set aside.
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