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...
Petitioners permitted to utilize Cenvat credit for payment of excise duty on goods lying at manufacturing plant proposed for debonding from Export Oriented Unit (EOU) scheme instead of cash payment. Relying on SC judgment in Eicher Motors Ltd. allowing utilization of accumulated Cenvat credit and HC judgment in Shilpa Copper Wire Industries equating EOUs with DTA units for Cenvat scheme. Section 142(6)(a) of GST Act also allows refund of outstanding credit in cash. Respondents' demand for cash payment rejected as legitimately availed Cenvat credit can be used for duty payment. Petition allowed as similarly situated assessees permitted to pay duty from Cenvat credit account.
Petitioners permitted to utilize Cenvat credit for payment of excise duty on goods lying at manufacturing plant proposed for debonding from Export Oriented Unit (EOU) scheme instead of cash payment. Relying on SC judgment in Eicher Motors Ltd. allowing utilization of accumulated Cenvat credit and HC judgment in Shilpa Copper Wire Industries equating EOUs with DTA units for Cenvat scheme. Section 142(6)(a) of GST Act also allows refund of outstanding credit in cash. Respondents' demand for cash payment rejected as legitimately availed Cenvat credit can be used for duty payment. Petition allowed as similarly situated assessees permitted to pay duty from Cenvat credit account.
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