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 dismissed the appeal regarding IGST refund claims for manually paid TR6 challans. The tribunal consistently held that exporters cannot claim refund under Section 142(3) of CGST Act, 2017, for duties paid due to non-fulfillment of export obligations. Despite Supreme Court's acknowledgment of procedural gaps and CBIC's subsequent circular prescribing corrective measures, the existing statutory framework precludes refund entitlement. The decision reaffirms prior judicial precedents, specifically referencing similar rulings in comparable cases, thereby maintaining a strict interpretation of statutory provisions governing import duty and tax credit mechanisms.
CESTAT dismissed the appeal regarding IGST refund claims for manually paid TR6 challans. The tribunal consistently held that exporters cannot claim refund under Section 142(3) of CGST Act, 2017, for duties paid due to non-fulfillment of export obligations. Despite Supreme Court's acknowledgment of procedural gaps and CBIC's subsequent circular prescribing corrective measures, the existing statutory framework precludes refund entitlement. The decision reaffirms prior judicial precedents, specifically referencing similar rulings in comparable cases, thereby maintaining a strict interpretation of statutory provisions governing import duty and tax credit mechanisms.
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