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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Freight charges shown separately in invoices for excisable goods, as per agreements with buyers, are not includible in the assessable value for excise duty, irrespective of ex-factory or FOR sales. The Supreme Court has consistently held that when goods are handed over to the transporter and title passes to the customer, freight charges collected separately cannot be included in the assessable value. Therefore, any consequential demand for duty, penalty, and interest based on inclusion of such freight charges in the assessable value is unsustainable. The order imposing such demands is set aside, and the appeal is allowed.
Freight charges shown separately in invoices for excisable goods, as per agreements with buyers, are not includible in the assessable value for excise duty, irrespective of ex-factory or FOR sales. The Supreme Court has consistently held that when goods are handed over to the transporter and title passes to the customer, freight charges collected separately cannot be included in the assessable value. Therefore, any consequential demand for duty, penalty, and interest based on inclusion of such freight charges in the assessable value is unsustainable. The order imposing such demands is set aside, and the appeal is allowed.
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