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, setting aside penalty orders under Rule 26 of Central Excise Rules, 2002. The tribunal found the department's objection regarding pending high court proceedings unmeritorious, referencing a prior similar case. The appellants' area-based exemption claim was challenged, but the tribunal determined the penalty imposition was legally unsustainable. The decision effectively nullified the penalty imposed for inadmissible refund claims related to non-manufactured goods, providing relief to the appellants based on procedural and substantive legal grounds.
CESTAT allowed the appeal, setting aside penalty orders under Rule 26 of Central Excise Rules, 2002. The tribunal found the department's objection regarding pending high court proceedings unmeritorious, referencing a prior similar case. The appellants' area-based exemption claim was challenged, but the tribunal determined the penalty imposition was legally unsustainable. The decision effectively nullified the penalty imposed for inadmissible refund claims related to non-manufactured goods, providing relief to the appellants based on procedural and substantive legal grounds.
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