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 adjudicated an import duty dispute involving silk fabrics, interpreting customs notifications No. 30/2004-CE, 34/2015-CE, and 37/2015-CE. The tribunal referenced SC precedents establishing that duty determination requires evaluating hypothetical domestic manufacturing conditions. Applying established jurisprudence, the tribunal held that the importer qualifies for nil countervailing duty (CVD) under the relevant notifications. The amendments to the notifications did not materially alter the substantive interpretation. Consequently, the revenue's appeal was dismissed, affirming the importer's entitlement to concessional/NIL rate of customs duty based on equivalent excise duty treatment for domestically manufactured similar articles.
CESTAT adjudicated an import duty dispute involving silk fabrics, interpreting customs notifications No. 30/2004-CE, 34/2015-CE, and 37/2015-CE. The tribunal referenced SC precedents establishing that duty determination requires evaluating hypothetical domestic manufacturing conditions. Applying established jurisprudence, the tribunal held that the importer qualifies for nil countervailing duty (CVD) under the relevant notifications. The amendments to the notifications did not materially alter the substantive interpretation. Consequently, the revenue's appeal was dismissed, affirming the importer's entitlement to concessional/NIL rate of customs duty based on equivalent excise duty treatment for domestically manufactured similar articles.
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