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 claim for service tax paid on ocean freight not barred by time limitation. Section 11B(5)(B)(ec) of Central Excise Act, 1994 made applicable to Finance Act, 1994 not applicable. Applicability of Section 142(3) of CGST Act, 2017. Refund application filed on 23.11.2020 pursuant to Gujarat High Court decision dated 06.09.2019. Supreme Court dismissed revenue's appeal on 01.09.2023, holding service tax levy not maintainable. Refund claim filed before 31.08.2024, within one year from relevant date. Section 142(3) of CGST Act, 2017 states only Section 11B(2) of Central Excise Act, 1944 to be considered for refund processing. Rejection of refund claim unsustainable. Appellant entitled to refund of service tax paid on ocean freight during disputed period. Impugned order set aside, appeal allowed.
Refund claim for service tax paid on ocean freight not barred by time limitation. Section 11B(5)(B)(ec) of Central Excise Act, 1994 made applicable to Finance Act, 1994 not applicable. Applicability of Section 142(3) of CGST Act, 2017. Refund application filed on 23.11.2020 pursuant to Gujarat High Court decision dated 06.09.2019. Supreme Court dismissed revenue's appeal on 01.09.2023, holding service tax levy not maintainable. Refund claim filed before 31.08.2024, within one year from relevant date. Section 142(3) of CGST Act, 2017 states only Section 11B(2) of Central Excise Act, 1944 to be considered for refund processing. Rejection of refund claim unsustainable. Appellant entitled to refund of service tax paid on ocean freight during disputed period. Impugned order set aside, appeal allowed.
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