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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Refund of excess paid customs duty with interest from the date of deposit till the date of refund was rejected on the ground that NIC did not confirm integration of payments. The Tribunal held that the issue involved granting interest by the Commissioner (Appeals) from the deposit date till the refund date at the prescribed rate. The respondent calculated the interest at 12%, amounting to Rs.7,89,678/- and Rs.13,590/- in the respective appeals. The Tribunal referred to its Division Bench order in COMMISSIONER OF CUSTOMS ICD PATPARGANJ & OTHER ICDS VERSUS VSM IMPEX PVT. LTD., which rejected 26 appeals filed by the Revenue under the National Litigation Policy, citing CBIC instructions dated 02.11.2023. Consequently, the present two appeals were dismissed without examining the merits, being non-maintainable under the CBIC instructions.
Refund of excess paid customs duty with interest from the date of deposit till the date of refund was rejected on the ground that NIC did not confirm integration of payments. The Tribunal held that the issue involved granting interest by the Commissioner (Appeals) from the deposit date till the refund date at the prescribed rate. The respondent calculated the interest at 12%, amounting to Rs.7,89,678/- and Rs.13,590/- in the respective appeals. The Tribunal referred to its Division Bench order in COMMISSIONER OF CUSTOMS ICD PATPARGANJ & OTHER ICDS VERSUS VSM IMPEX PVT. LTD., which rejected 26 appeals filed by the Revenue under the National Litigation Policy, citing CBIC instructions dated 02.11.2023. Consequently, the present two appeals were dismissed without examining the merits, being non-maintainable under the CBIC instructions.
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