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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Investigation revealed fraudulent Cenvat Credit claims involving fake invoices without actual supply of goods from April 2016 to June 2017. Evidence indicated non-supply of goods from various parties to M/s. Ridhi Sidhi. However, the department failed to establish non-supply of goods from M/s. Ridhi Sidhi to the appellants. Appellants produced documentary evidence including transport receipts, payment proofs, goods receipt proofs, and output records indicating actual receipt of goods. Department did not rebut this evidence with credible contrary proof. Department's stance was based on presumptions and assumptions. Failure to record statements of M/s. Ridhi Sidhi's proprietor/director/authorized person and denial of cross-examination opportunity weakened department's case. Cumulatively, department failed to establish a case against appellants, making them eligible for relief. Impugned order set aside, appeal allowed by CESTAT (Appellate Tribunal).
Investigation revealed fraudulent Cenvat Credit claims involving fake invoices without actual supply of goods from April 2016 to June 2017. Evidence indicated non-supply of goods from various parties to M/s. Ridhi Sidhi. However, the department failed to establish non-supply of goods from M/s. Ridhi Sidhi to the appellants. Appellants produced documentary evidence including transport receipts, payment proofs, goods receipt proofs, and output records indicating actual receipt of goods. Department did not rebut this evidence with credible contrary proof. Department's stance was based on presumptions and assumptions. Failure to record statements of M/s. Ridhi Sidhi's proprietor/director/authorized person and denial of cross-examination opportunity weakened department's case. Cumulatively, department failed to establish a case against appellants, making them eligible for relief. Impugned order set aside, appeal allowed by CESTAT (Appellate Tribunal).
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