TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
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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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
CESTAT dismissed the application for rectification of mistake in Final Order No. 58770 of 2024. The Tribunal held that the alleged error in comparing product features did not constitute a "mistake apparent from record" as per established judicial precedent. The comparison required complex reasoning and could potentially yield multiple interpretations. The Tribunal concluded that the appellant, through new counsel, was essentially seeking a re-hearing disguised as a mistake rectification application. Consequently, the application was denied and consigned to records, maintaining the original order's integrity without substantive modification.
CESTAT dismissed the application for rectification of mistake in Final Order No. 58770 of 2024. The Tribunal held that the alleged error in comparing product features did not constitute a "mistake apparent from record" as per established judicial precedent. The comparison required complex reasoning and could potentially yield multiple interpretations. The Tribunal concluded that the appellant, through new counsel, was essentially seeking a re-hearing disguised as a mistake rectification application. Consequently, the application was denied and consigned to records, maintaining the original order's integrity without substantive modification.
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