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 against the Revenue's allegation of clandestine manufacture and removal of liquid medicaments based solely on discrepancies between Tax Audit Report (Form 3CD) and ER-1 Returns. Following precedent in Micky Metals Ltd. v. CCE, Bolpur, the Tribunal held that mere differences in figures without establishing parameters of clandestine activity are insufficient to sustain such serious charges. Furthermore, since the documents were in the public domain during the relevant period (2010-11 and 2011-12), the show cause notice issued on 29.04.2015 exceeded the normal limitation period. The Tribunal allowed the appeal, setting aside the demand for excise duty, interest, and penalties.
CESTAT ruled against the Revenue's allegation of clandestine manufacture and removal of liquid medicaments based solely on discrepancies between Tax Audit Report (Form 3CD) and ER-1 Returns. Following precedent in Micky Metals Ltd. v. CCE, Bolpur, the Tribunal held that mere differences in figures without establishing parameters of clandestine activity are insufficient to sustain such serious charges. Furthermore, since the documents were in the public domain during the relevant period (2010-11 and 2011-12), the show cause notice issued on 29.04.2015 exceeded the normal limitation period. The Tribunal allowed the appeal, setting aside the demand for excise duty, interest, and penalties.
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