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 the appeal, finding the excise duty demand legally unsustainable. The tribunal determined that the revenue's case was built solely on input-output ratio assumptions without independent verification or corroborative evidence of clandestine manufacture. The department failed to provide substantive proof of unauthorized goods removal or cash transactions. No statements from potential buyers or vehicle owners were recorded, rendering the confiscation of 157.436 M.T. of Sponge Iron invalid. The tribunal set aside the redemption fine and penalties, concluding that the show cause notice lacked specific facts about suppression and was issued beyond reasonable time limitations.
CESTAT allowed the appeal, finding the excise duty demand legally unsustainable. The tribunal determined that the revenue's case was built solely on input-output ratio assumptions without independent verification or corroborative evidence of clandestine manufacture. The department failed to provide substantive proof of unauthorized goods removal or cash transactions. No statements from potential buyers or vehicle owners were recorded, rendering the confiscation of 157.436 M.T. of Sponge Iron invalid. The tribunal set aside the redemption fine and penalties, concluding that the show cause notice lacked specific facts about suppression and was issued beyond reasonable time limitations.
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