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 CESTAT allowed the appellant's appeal, setting aside the impugned order that denied interest on the refund of amounts deposited during investigation. It was held that the appellant is entitled to interest from the date of deposit until the refund date. The Tribunal relied on precedents affirming that interest is payable on such refunds and specified the applicable rate at 12% per annum. Consequently, the appellant must be paid interest at 12% from the date of deposit to the date of refund. The appeal was allowed solely on the issue of interest payment, overturning the rejection based on maintainability.
The CESTAT allowed the appellant's appeal, setting aside the impugned order that denied interest on the refund of amounts deposited during investigation. It was held that the appellant is entitled to interest from the date of deposit until the refund date. The Tribunal relied on precedents affirming that interest is payable on such refunds and specified the applicable rate at 12% per annum. Consequently, the appellant must be paid interest at 12% from the date of deposit to the date of refund. The appeal was allowed solely on the issue of interest payment, overturning the rejection based on maintainability.
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