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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HC reversed CESTAT's ruling on concessional duty benefits for cement imports. Importer violated notification conditions by purchasing cement through high-sea trade from non-manufacturer instead of directly from manufacturer, and using it for manufacturing hollow bricks rather than institutional/industrial purposes. The imported cement in 50kg retail packs failed to meet N/N. 4/2006-CE requirements. HC found CESTAT's order defective for ignoring factual evidence from Bills of Entry and importer's admission. The court emphasized that mere manufacturer details in Bill of Entry were insufficient for duty concession, as notification mandated direct manufacturer purchase and specified manufacturing mode/capacity requirements. Appeal allowed, favoring Department's position on duty assessment.
HC reversed CESTAT's ruling on concessional duty benefits for cement imports. Importer violated notification conditions by purchasing cement through high-sea trade from non-manufacturer instead of directly from manufacturer, and using it for manufacturing hollow bricks rather than institutional/industrial purposes. The imported cement in 50kg retail packs failed to meet N/N. 4/2006-CE requirements. HC found CESTAT's order defective for ignoring factual evidence from Bills of Entry and importer's admission. The court emphasized that mere manufacturer details in Bill of Entry were insufficient for duty concession, as notification mandated direct manufacturer purchase and specified manufacturing mode/capacity requirements. Appeal allowed, favoring Department's position on duty assessment.
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