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 u/s 142(3) of CGST Act, 2017 read with Section 11B of Central Excise Act, 1994 was partially allowed. Refund of Rs. 20,52,143/- and Rs. 2,19,004/- granted, appellant can approach GST authority for credit in electronic ledger. Refund of Rs. 41,244/- and Rs. 4,87,533/- initially rejected as paid after 01.07.2007, when no CENVAT credit provision existed. However, CESTAT relied on its previous decision in Shree Ganesh Remedies case, holding that Section 142(3) covers amounts accrued pre-GST regime, even if paid post 01.07.2017. Matter remanded to adjudicating authority to pass fresh order considering unjust enrichment, after processing refund claim for Rs. 41,244/- and Rs. 4,87,533/-.
Refund claim u/s 142(3) of CGST Act, 2017 read with Section 11B of Central Excise Act, 1994 was partially allowed. Refund of Rs. 20,52,143/- and Rs. 2,19,004/- granted, appellant can approach GST authority for credit in electronic ledger. Refund of Rs. 41,244/- and Rs. 4,87,533/- initially rejected as paid after 01.07.2007, when no CENVAT credit provision existed. However, CESTAT relied on its previous decision in Shree Ganesh Remedies case, holding that Section 142(3) covers amounts accrued pre-GST regime, even if paid post 01.07.2017. Matter remanded to adjudicating authority to pass fresh order considering unjust enrichment, after processing refund claim for Rs. 41,244/- and Rs. 4,87,533/-.
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