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 the appeal and set aside the impugned order. It held that valuation could not be on transaction value under s.4(1)(a) as removals were stock transfers; valuation fell under s.4(1)(b) read with Rule 7. Discounts known at or before removal, whether via invoice or post-clearance credit notes, qualified as permissible deductions from assessable value where genuinely passed to buyers, supported by ledgers and policies. The departmental disallowance of such discounts and consequent differential duty demand was unsustainable; interest on those disallowed demands was not exigible. Payments of differential duty with interest voluntarily made by the Appellant were considered non-refundable. Appeal allowed.
CESTAT allowed the appeal and set aside the impugned order. It held that valuation could not be on transaction value under s.4(1)(a) as removals were stock transfers; valuation fell under s.4(1)(b) read with Rule 7. Discounts known at or before removal, whether via invoice or post-clearance credit notes, qualified as permissible deductions from assessable value where genuinely passed to buyers, supported by ledgers and policies. The departmental disallowance of such discounts and consequent differential duty demand was unsustainable; interest on those disallowed demands was not exigible. Payments of differential duty with interest voluntarily made by the Appellant were considered non-refundable. Appeal allowed.
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