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...
Clandestine manufacture and clearance of Sponge Iron alleged - undervaluation demand calculated based on seized documents - retraction of statements - Section 9D of Central Excise Act, 1944 not followed - penalty on Managing Director set aside - 18,156.96 MT Sponge Iron confiscation set aside. Seized documents cannot be relied upon without establishing author's identity as per Section 36A. Statements alone insufficient to prove clandestine removal without corroborative evidence like unaccounted raw materials, stock discrepancies, seizures en route, excess electricity consumption, evidence of transporters/buyers and fund flow. Demands unsustainable without mandatory examination u/s 9D. Impugned order set aside, appeal allowed.
Clandestine manufacture and clearance of Sponge Iron alleged - undervaluation demand calculated based on seized documents - retraction of statements - Section 9D of Central Excise Act, 1944 not followed - penalty on Managing Director set aside - 18,156.96 MT Sponge Iron confiscation set aside. Seized documents cannot be relied upon without establishing author's identity as per Section 36A. Statements alone insufficient to prove clandestine removal without corroborative evidence like unaccounted raw materials, stock discrepancies, seizures en route, excess electricity consumption, evidence of transporters/buyers and fund flow. Demands unsustainable without mandatory examination u/s 9D. Impugned order set aside, appeal allowed.
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