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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SC held that the Customs Circular No. 35/2010-Cus is explanatory and retrospective in nature, clarifying the 1% customs duty drawback benefit for merchant exporters who availed CENVAT credit. The court set aside the High Court's impugned judgment, granting the appellant the 1% AIR Customs Duty Drawback on exports from 2008, emphasizing that the circular resolves prior ambiguities without creating new rights or imposing additional burdens on the department. The appeals were disposed of, affirming the retrospective application of the circular to ensure uniform and absolute benefit.
SC held that the Customs Circular No. 35/2010-Cus is explanatory and retrospective in nature, clarifying the 1% customs duty drawback benefit for merchant exporters who availed CENVAT credit. The court set aside the High Court's impugned judgment, granting the appellant the 1% AIR Customs Duty Drawback on exports from 2008, emphasizing that the circular resolves prior ambiguities without creating new rights or imposing additional burdens on the department. The appeals were disposed of, affirming the retrospective application of the circular to ensure uniform and absolute benefit.
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