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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The HC allowed petitioners' claim for refund of Special Additional Duty paid under Section 3(5) of the Customs Tariff Act, 1975, subject to fulfillment of statutory conditions which were satisfied. Following Union of India v. B.T.Patil & Sons precedent regarding duty drawback refunds, the court held petitioners entitled to interest under Section 27A of the Customs Act, 1962 on delayed SAD refunds. Interest is payable from expiry of three months after filing refund applications until actual payment, at prescribed rates between ten to thirty percent per annum. The petition was allowed with both principal refund and statutory interest awarded.
The HC allowed petitioners' claim for refund of Special Additional Duty paid under Section 3(5) of the Customs Tariff Act, 1975, subject to fulfillment of statutory conditions which were satisfied. Following Union of India v. B.T.Patil & Sons precedent regarding duty drawback refunds, the court held petitioners entitled to interest under Section 27A of the Customs Act, 1962 on delayed SAD refunds. Interest is payable from expiry of three months after filing refund applications until actual payment, at prescribed rates between ten to thirty percent per annum. The petition was allowed with both principal refund and statutory interest awarded.
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