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 dismissed appeal concerning refund claim of unutilized Cenvat Credit under s.142(3) of CGST Act, read with Rule 5 of Cenvat Credit Rules and s.11B of Central Excise Act. Following Jharkhand HC's precedent in Rungta Mines Ltd case, tribunal affirmed that existing law prohibits cash refund of Cenvat Credit available on appointed date (01.07.2017). Appellant's failure to transition credit through proper channels and absence of export activities were fatal to refund claim. Tribunal held no legal provision exists under Cenvat Credit Rules 2004 for refunding balance credit, making refund claim legally untenable.
CESTAT dismissed appeal concerning refund claim of unutilized Cenvat Credit under s.142(3) of CGST Act, read with Rule 5 of Cenvat Credit Rules and s.11B of Central Excise Act. Following Jharkhand HC's precedent in Rungta Mines Ltd case, tribunal affirmed that existing law prohibits cash refund of Cenvat Credit available on appointed date (01.07.2017). Appellant's failure to transition credit through proper channels and absence of export activities were fatal to refund claim. Tribunal held no legal provision exists under Cenvat Credit Rules 2004 for refunding balance credit, making refund claim legally untenable.
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