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 ruled on classification dispute regarding Epoxidised Soya Bean Oil (ESBO). The tribunal upheld classification under CTH 1518 as chemically modified vegetable oil rather than CTH 3812, based on HSN notes and Rule 3(a) of RIT. While the show cause notice was deemed timely (calculated from January 4, 2023, when complete documents were provided), penalties and confiscation were set aside as no misdeclaration was established. The appellant's alternate classification view was considered reasonable given product documentation submitted. Interest on duty remained payable per SKF India precedent. The tribunal emphasized that department's reclassification through DRI investigation was procedurally proper, following Warner Hindustan principles requiring fresh show cause notice. Appeal partially allowed, maintaining duty liability with interest but removing penalties.
CESTAT ruled on classification dispute regarding Epoxidised Soya Bean Oil (ESBO). The tribunal upheld classification under CTH 1518 as chemically modified vegetable oil rather than CTH 3812, based on HSN notes and Rule 3(a) of RIT. While the show cause notice was deemed timely (calculated from January 4, 2023, when complete documents were provided), penalties and confiscation were set aside as no misdeclaration was established. The appellant's alternate classification view was considered reasonable given product documentation submitted. Interest on duty remained payable per SKF India precedent. The tribunal emphasized that department's reclassification through DRI investigation was procedurally proper, following Warner Hindustan principles requiring fresh show cause notice. Appeal partially allowed, maintaining duty liability with interest but removing penalties.
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