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 dismissed the appeals as not maintainable, holding that disputes concerning taxability of amounts remitted to overseas entities and characterized as "commission" in export shipping documents must be pursued under the statutory remedy in Section 35L of the Central Excise Act, 1944. The court noted precedent from a co-ordinate bench of the HC construing Sections 35G and 35L to confine appellate jurisdiction in service-tax-type taxability issues to the Supreme Court, and therefore declined to entertain the present appeals. The Appellant is directed to pursue available remedies in accordance with law under Section 35L; the Respondents' position on taxability was not adjudicated on merits.
The HC dismissed the appeals as not maintainable, holding that disputes concerning taxability of amounts remitted to overseas entities and characterized as "commission" in export shipping documents must be pursued under the statutory remedy in Section 35L of the Central Excise Act, 1944. The court noted precedent from a co-ordinate bench of the HC construing Sections 35G and 35L to confine appellate jurisdiction in service-tax-type taxability issues to the Supreme Court, and therefore declined to entertain the present appeals. The Appellant is directed to pursue available remedies in accordance with law under Section 35L; the Respondents' position on taxability was not adjudicated on merits.
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