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...
CESTAT upheld Commissioner (Appeals)'s decision to remand case back to Adjudicating Authority for fresh adjudication. The original order was challenged for violating natural justice principles, particularly regarding interpretation of Standing Order 6/2022 concerning Bills of Entry exclusions under Customs Act Sections 149 and 154. The Tribunal found Commissioner (Appeals) acted within statutory powers under Section 128A(3) of Customs Act, 1962, as original adjudication failed to observe natural justice principles. The remand order was deemed proper and legally sound, despite appellant's contention about arbitrary application of standing order. Appeal dismissed, confirming Commissioner (Appeals)'s remand order for fresh adjudication.
CESTAT upheld Commissioner (Appeals)'s decision to remand case back to Adjudicating Authority for fresh adjudication. The original order was challenged for violating natural justice principles, particularly regarding interpretation of Standing Order 6/2022 concerning Bills of Entry exclusions under Customs Act Sections 149 and 154. The Tribunal found Commissioner (Appeals) acted within statutory powers under Section 128A(3) of Customs Act, 1962, as original adjudication failed to observe natural justice principles. The remand order was deemed proper and legally sound, despite appellant's contention about arbitrary application of standing order. Appeal dismissed, confirming Commissioner (Appeals)'s remand order for fresh adjudication.
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