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 upheld duty and penalty demand against manufacturer for clandestine goods removal. The tribunal found substantial evidence through private records, managing director's admissions, and corroborative dealer statements demonstrating unaccounted production and clearance of excisable goods. Despite appellant's objections regarding self-incriminating statements, the tribunal determined preponderance of probability sufficiently established clandestine manufacture and irregular credit availment. The evidence, including unrecorded raw material usage and undeclared sales proceeds, substantiated the department's allegations. Consequently, the appeal was dismissed, confirming the original adjudicating authority's order with minimal modifications.
CESTAT upheld duty and penalty demand against manufacturer for clandestine goods removal. The tribunal found substantial evidence through private records, managing director's admissions, and corroborative dealer statements demonstrating unaccounted production and clearance of excisable goods. Despite appellant's objections regarding self-incriminating statements, the tribunal determined preponderance of probability sufficiently established clandestine manufacture and irregular credit availment. The evidence, including unrecorded raw material usage and undeclared sales proceeds, substantiated the department's allegations. Consequently, the appeal was dismissed, confirming the original adjudicating authority's order with minimal modifications.
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