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...
Claim of rebate for service tax paid on specified services used for export of goods from July 2012 to December 2013. The rebate claims were rejected on grounds of violation of conditions in certain notifications and non-production of documents like invoices, self-certification, and FIRC/BRC copies. The Tribunal held that the appellant fulfilled the conditions stipulated in Notification 41/2012 for availing rebate, as the specified services were utilized in connection with the export of goods. The rejection based on non-fulfillment of conditions of other notifications was legally unsustainable. Regarding non-production of documents, the matter was remanded to the Adjudicating Authority for verification. On the issue of time limitation, the Tribunal held that the rebate claim was originally filed within the prescribed period of one year from the date of export, and the re-submission date should not be considered as the filing date. Therefore, the claim was not hit by the limitation period.
Claim of rebate for service tax paid on specified services used for export of goods from July 2012 to December 2013. The rebate claims were rejected on grounds of violation of conditions in certain notifications and non-production of documents like invoices, self-certification, and FIRC/BRC copies. The Tribunal held that the appellant fulfilled the conditions stipulated in Notification 41/2012 for availing rebate, as the specified services were utilized in connection with the export of goods. The rejection based on non-fulfillment of conditions of other notifications was legally unsustainable. Regarding non-production of documents, the matter was remanded to the Adjudicating Authority for verification. On the issue of time limitation, the Tribunal held that the rebate claim was originally filed within the prescribed period of one year from the date of export, and the re-submission date should not be considered as the filing date. Therefore, the claim was not hit by the limitation period.
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