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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
CESTAT allowed the appeal, set aside the impugned order and remitted the matter to the original authority for fresh adjudication. The Tribunal directed the authority to consider the binding Mad. HC Division Bench view that delayed refunds attract interest under s.27A of the Customs Act, unless and until the Division Bench stay is vacated or the SC determines the point of law. The original authority must re-examine the claim in light of the Mad. HC pronouncement and relevant board instructions, afford the appellant a time-bound opportunity for oral and written submissions, and pass a speaking, reasoned order applying appropriate provisions of the Customs Act and principles of natural justice. Appeal disposed.
CESTAT allowed the appeal, set aside the impugned order and remitted the matter to the original authority for fresh adjudication. The Tribunal directed the authority to consider the binding Mad. HC Division Bench view that delayed refunds attract interest under s.27A of the Customs Act, unless and until the Division Bench stay is vacated or the SC determines the point of law. The original authority must re-examine the claim in light of the Mad. HC pronouncement and relevant board instructions, afford the appellant a time-bound opportunity for oral and written submissions, and pass a speaking, reasoned order applying appropriate provisions of the Customs Act and principles of natural justice. Appeal disposed.
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