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 appellant's appeal challenging denial of customs duty exemption on imported HIV-1 viral load test kits. The Principal Commissioner erroneously restricted exemption notifications to diagnostic kits for HIV antibody detection only, excluding viral load detection kits. CESTAT applied purposive interpretation, holding that technologically advanced HIV diagnostic kits serve identical public health purposes and merit exemption benefits. Relying on Mother Superior precedent regarding liberal construction of beneficial exemption provisions, the tribunal granted exemption from Basic Customs Duty and Countervailing Duty, with only 5% IGST applicable. Additionally, CESTAT set aside value redetermination conducted without providing Special Valuation Branch report to appellant, remitting matter for fresh adjudication with proper procedural compliance. Order dated 30.06.2022 set aside entirely.
CESTAT allowed appellant's appeal challenging denial of customs duty exemption on imported HIV-1 viral load test kits. The Principal Commissioner erroneously restricted exemption notifications to diagnostic kits for HIV antibody detection only, excluding viral load detection kits. CESTAT applied purposive interpretation, holding that technologically advanced HIV diagnostic kits serve identical public health purposes and merit exemption benefits. Relying on Mother Superior precedent regarding liberal construction of beneficial exemption provisions, the tribunal granted exemption from Basic Customs Duty and Countervailing Duty, with only 5% IGST applicable. Additionally, CESTAT set aside value redetermination conducted without providing Special Valuation Branch report to appellant, remitting matter for fresh adjudication with proper procedural compliance. Order dated 30.06.2022 set aside entirely.
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