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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
CESTAT dismissed the appeal regarding entitlement to cash refund of unutilized Cenvat credit. The tribunal held that the appellant could not demonstrate a valid refund claim under the amended Rule 5 of CENVAT Credit Rules, 2004, which narrowed the scope of accumulated credit refunds. Applying the Mischief Rule of statutory interpretation, the tribunal found no legal provision allowing cash refund if the appellant failed to carry forward credit to the GST regime. The decision aligned with precedential rulings, particularly referencing the Bombay HC judgment in Gauri Plasticulture, ultimately rejecting the appellant's claim and dismissing the appeal without merit.
CESTAT dismissed the appeal regarding entitlement to cash refund of unutilized Cenvat credit. The tribunal held that the appellant could not demonstrate a valid refund claim under the amended Rule 5 of CENVAT Credit Rules, 2004, which narrowed the scope of accumulated credit refunds. Applying the Mischief Rule of statutory interpretation, the tribunal found no legal provision allowing cash refund if the appellant failed to carry forward credit to the GST regime. The decision aligned with precedential rulings, particularly referencing the Bombay HC judgment in Gauri Plasticulture, ultimately rejecting the appellant's claim and dismissing the appeal without merit.
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