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 allowed appellant's appeal, affirming entitlement to Notification No.30/2004-CE benefits for imports prior to 17.07.2015. Despite not challenging original Bills of Entry, the tribunal recognized the appellant's right to amendment under Section 149 of the Customs Act, 1962. The decision aligned with precedential rulings, particularly referencing ITC Ltd. case, which established that assessment modifications are permissible. The tribunal specifically noted that non-challenge to original assessments does not preclude subsequent notification benefits, especially where exemption conditions are substantively met.
CESTAT allowed appellant's appeal, affirming entitlement to Notification No.30/2004-CE benefits for imports prior to 17.07.2015. Despite not challenging original Bills of Entry, the tribunal recognized the appellant's right to amendment under Section 149 of the Customs Act, 1962. The decision aligned with precedential rulings, particularly referencing ITC Ltd. case, which established that assessment modifications are permissible. The tribunal specifically noted that non-challenge to original assessments does not preclude subsequent notification benefits, especially where exemption conditions are substantively met.
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