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 allowed the appeal for refund of unutilized Cenvat Credit of Service Tax. The tribunal held that without specific proceedings under Rule 14 of CENVAT Credit Rules, 2004, denying refund based on credit inadmissibility lacks legal merit. The authorities were directed to recalculate refund by considering the FIRCs/BRCs produced by the appellant. The refund claim was upheld to the extent of the amount originally claimed on 28.12.2012, which was subject to the show cause notice. The tribunal emphasized that in absence of Rule 14 proceedings, refund cannot be denied on grounds of lack of nexus or unregistered premises.
CESTAT allowed the appeal for refund of unutilized Cenvat Credit of Service Tax. The tribunal held that without specific proceedings under Rule 14 of CENVAT Credit Rules, 2004, denying refund based on credit inadmissibility lacks legal merit. The authorities were directed to recalculate refund by considering the FIRCs/BRCs produced by the appellant. The refund claim was upheld to the extent of the amount originally claimed on 28.12.2012, which was subject to the show cause notice. The tribunal emphasized that in absence of Rule 14 proceedings, refund cannot be denied on grounds of lack of nexus or unregistered premises.
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