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...
The CESTAT determined that Eco Bath Towelette should be classified under Chapter Heading 3307 3090 (Other Bath Preparations) rather than Chapter Heading 3402 9091 as claimed by the appellant. The Central Revenue Control Laboratory report conclusively established that the product failed to satisfy Chapter Note 3 of Chapter 34, making classification under Chapter 34 untenable. However, the Tribunal found that extended period of limitation under Section 11A and penalties under Section 11AC were unjustified, as the appellant had disclosed all relevant information in packaging and marketing materials, and had relied on legal opinion. The reclassification resulted from technical test results rather than willful misstatement or suppression of facts. The appeal was partially allowed, limiting the demand to the normal period of limitation.
The CESTAT determined that Eco Bath Towelette should be classified under Chapter Heading 3307 3090 (Other Bath Preparations) rather than Chapter Heading 3402 9091 as claimed by the appellant. The Central Revenue Control Laboratory report conclusively established that the product failed to satisfy Chapter Note 3 of Chapter 34, making classification under Chapter 34 untenable. However, the Tribunal found that extended period of limitation under Section 11A and penalties under Section 11AC were unjustified, as the appellant had disclosed all relevant information in packaging and marketing materials, and had relied on legal opinion. The reclassification resulted from technical test results rather than willful misstatement or suppression of facts. The appeal was partially allowed, limiting the demand to the normal period of limitation.
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