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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Cash seized during investigation cannot be appropriated towards pre-deposits u/s 35FF of Central Excise Act or Section 129EE of Customs Act as a condition for filing appeals. Respondents erroneously granted interest at 6% per annum on refund of seized cash deposited in fixed deposits earning higher interest. Petitioner's claim for 18% interest rejected, but entitled to excess interest earned on fixed deposits over 6%. Respondents, as trustees, obligated to account for entire interest earned and cannot enrich themselves. Impugned order quashed, petitioner awarded excess interest of Rs. 90,07,829/- over 6% on fixed deposits from seized cash. Respondents to initiate inquiry, fix responsibility for negligence in non-renewal of fixed deposits.
Cash seized during investigation cannot be appropriated towards pre-deposits u/s 35FF of Central Excise Act or Section 129EE of Customs Act as a condition for filing appeals. Respondents erroneously granted interest at 6% per annum on refund of seized cash deposited in fixed deposits earning higher interest. Petitioner's claim for 18% interest rejected, but entitled to excess interest earned on fixed deposits over 6%. Respondents, as trustees, obligated to account for entire interest earned and cannot enrich themselves. Impugned order quashed, petitioner awarded excess interest of Rs. 90,07,829/- over 6% on fixed deposits from seized cash. Respondents to initiate inquiry, fix responsibility for negligence in non-renewal of fixed deposits.
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