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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CESTAT determined appellant entitled to drawback interest from 14.04.2003 (one month after "let export order" date) rather than from 01.07.2012 as initially granted. Under Customs Act s.75A and Drawback Rules r.13, interest calculation begins one month from customs clearance order, not from date of show cause notice resolution. CESTAT rejected department's prolonged litigation as grounds for delayed interest, noting appellant shouldn't be penalized for departmental proceedings. The tribunal distinguished from Web Knit Exports precedent, emphasizing that export value documentation was complete and verified at initial filing. Appeal succeeded, granting interest from original eligibility date through drawback payment date at s.27A prescribed rate.
CESTAT determined appellant entitled to drawback interest from 14.04.2003 (one month after "let export order" date) rather than from 01.07.2012 as initially granted. Under Customs Act s.75A and Drawback Rules r.13, interest calculation begins one month from customs clearance order, not from date of show cause notice resolution. CESTAT rejected department's prolonged litigation as grounds for delayed interest, noting appellant shouldn't be penalized for departmental proceedings. The tribunal distinguished from Web Knit Exports precedent, emphasizing that export value documentation was complete and verified at initial filing. Appeal succeeded, granting interest from original eligibility date through drawback payment date at s.27A prescribed rate.
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