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 allowed appeal regarding CENVAT credit admissibility for telecommunication infrastructure components. Following SC's ruling in a related matter, credit was deemed admissible for towers, shelters, electric setup, and electronic items as they qualify as capital goods under Rule 2(a)(A) of CENVAT Rules. Credit for input services used in tower erection was also held permissible under Rule 2(l) of CENVAT Credit Rules, 2004, as these services directly or indirectly contributed to output services. Revenue's challenge regarding SCN issuance was rejected, as per Section 73(3) of Finance Act, 1994, SCN cannot be issued for amounts already paid prior to notice. The tribunal affirmed taxpayer's position on all contested points.
CESTAT allowed appeal regarding CENVAT credit admissibility for telecommunication infrastructure components. Following SC's ruling in a related matter, credit was deemed admissible for towers, shelters, electric setup, and electronic items as they qualify as capital goods under Rule 2(a)(A) of CENVAT Rules. Credit for input services used in tower erection was also held permissible under Rule 2(l) of CENVAT Credit Rules, 2004, as these services directly or indirectly contributed to output services. Revenue's challenge regarding SCN issuance was rejected, as per Section 73(3) of Finance Act, 1994, SCN cannot be issued for amounts already paid prior to notice. The tribunal affirmed taxpayer's position on all contested points.
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