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 dismissed the petition challenging the Settlement Commission's rejection of CENVAT credit claims for CVD paid on imported capital goods. Following Osram Surya, the court held that the limitation period introduced via amendment to Rule 4 of CENVAT Credit Rules applies to claims made after the amendment came into force, regardless of when imports occurred. The petitioner's failure to fulfill export obligations under EPCG scheme for four out of nine licenses, despite receiving an extended period of 8 years, and payment of duty only after DRI investigation commenced, further justified the rejection. The court emphasized the finality of settlement proceedings under Section 127(j) of the Customs Act.
HC dismissed the petition challenging the Settlement Commission's rejection of CENVAT credit claims for CVD paid on imported capital goods. Following Osram Surya, the court held that the limitation period introduced via amendment to Rule 4 of CENVAT Credit Rules applies to claims made after the amendment came into force, regardless of when imports occurred. The petitioner's failure to fulfill export obligations under EPCG scheme for four out of nine licenses, despite receiving an extended period of 8 years, and payment of duty only after DRI investigation commenced, further justified the rejection. The court emphasized the finality of settlement proceedings under Section 127(j) of the Customs Act.
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