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 issue of pre-deposit during the pendency of appeal, applicability of Section 11B and unjust enrichment, and eligibility for interest on refund of duty paid. The Appellate Tribunal held that total duty payment was the norm, with stay being an exception. Pre-deposit u/s 35F was confirmed, with deposited amounts considered as mandatory pre-deposit. The tribunal referred to legal precedents regarding pre-deposit under similar laws. The decision clarified the distinction between full and partial pre-deposit. The tribunal ruled that the amounts paid under protest qualified as pre-deposit and were not subject to Section 11B. Interest on delayed refunds was granted post-amendment.
The case involved the issue of pre-deposit during the pendency of appeal, applicability of Section 11B and unjust enrichment, and eligibility for interest on refund of duty paid. The Appellate Tribunal held that total duty payment was the norm, with stay being an exception. Pre-deposit u/s 35F was confirmed, with deposited amounts considered as mandatory pre-deposit. The tribunal referred to legal precedents regarding pre-deposit under similar laws. The decision clarified the distinction between full and partial pre-deposit. The tribunal ruled that the amounts paid under protest qualified as pre-deposit and were not subject to Section 11B. Interest on delayed refunds was granted post-amendment.
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