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 held that the appellant is entitled to a refund with interest under Section 27A of the Customs Act, 1962, from 02.08.1999, recognizing the concessional duty rate for capital goods imports as per the DGFT-issued license. The court rejected the Department's contrary position, emphasizing that Customs authorities must align with DGFT decisions unless the license is revoked or fraudulently obtained, which was not alleged. Prolonged litigation from 1999 to 2025 was deemed unjustified, warranting compensation for the appellant. The ruling affirms that interest on refunds is payable where statutory provisions exist, and the appellant's claim for EPCG benefits under Notification No. 28/97-Cus is upheld, resulting in a favorable outcome against the Revenue.
The HC held that the appellant is entitled to a refund with interest under Section 27A of the Customs Act, 1962, from 02.08.1999, recognizing the concessional duty rate for capital goods imports as per the DGFT-issued license. The court rejected the Department's contrary position, emphasizing that Customs authorities must align with DGFT decisions unless the license is revoked or fraudulently obtained, which was not alleged. Prolonged litigation from 1999 to 2025 was deemed unjustified, warranting compensation for the appellant. The ruling affirms that interest on refunds is payable where statutory provisions exist, and the appellant's claim for EPCG benefits under Notification No. 28/97-Cus is upheld, resulting in a favorable outcome against the Revenue.
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