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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CENVAT Credit - invoices issued without actual supply of materials - retraction of statements - burden of proof - personal penalty on partner of appellant firm. Mastermind partner admitted purchasing prime material, selling locally on cash basis, passing CENVAT Credit to manufacturers by misdescribing goods as "scrap". Other partner admitted taking CENVAT Credit on "scrap" described as "prime finished goods" in invoices. Appellant voluntarily debited CENVAT Credit before partner's statement, not retracting statement. Burden of proof regarding admissibility of CENVAT Credit lies with manufacturer as per Rules. No infirmity in impugned order, appeal dismissed.
CENVAT Credit - invoices issued without actual supply of materials - retraction of statements - burden of proof - personal penalty on partner of appellant firm. Mastermind partner admitted purchasing prime material, selling locally on cash basis, passing CENVAT Credit to manufacturers by misdescribing goods as "scrap". Other partner admitted taking CENVAT Credit on "scrap" described as "prime finished goods" in invoices. Appellant voluntarily debited CENVAT Credit before partner's statement, not retracting statement. Burden of proof regarding admissibility of CENVAT Credit lies with manufacturer as per Rules. No infirmity in impugned order, appeal dismissed.
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