Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Priority of dues between the Central Excise Department and secured creditors in cases of attachment of properties for recovery. The Supreme Court held that the Central Excise Act, 1944 does not provide for a first charge on the assessee's property, giving priority to secured creditors' dues over excise dues. However, in the case of Sales Tax and VAT, the Supreme Court ruled that the State is a secured creditor under the Insolvency and Bankruptcy Code, 2016. The Debt Recovery Tribunal correctly dismissed the objections raised by the company regarding the order of attachment for recovery of dues by attaching properties, considering the legal position on priority of dues.
Priority of dues between the Central Excise Department and secured creditors in cases of attachment of properties for recovery. The Supreme Court held that the Central Excise Act, 1944 does not provide for a first charge on the assessee's property, giving priority to secured creditors' dues over excise dues. However, in the case of Sales Tax and VAT, the Supreme Court ruled that the State is a secured creditor under the Insolvency and Bankruptcy Code, 2016. The Debt Recovery Tribunal correctly dismissed the objections raised by the company regarding the order of attachment for recovery of dues by attaching properties, considering the legal position on priority of dues.
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