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 dismissed the appeal, holding that the appellant was not the exporter entitled to refund under Notification No. 41/2012-ST. The Tribunal found the shipping bills and contractual documents showed title passed to the trading intermediary, who alone exported the consignments and realised export proceeds; the appellant merely supplied goods and was not the exporter for service-tax rebate purposes. Consequently refunds of service tax paid by the appellant were not allowable under the export-linked notification, and recovery proceedings against previously sanctioned refunds were sustainable. The appellant's invocation of merchant/third-party exporter concepts and EXIM benefits did not confer entitlement to refunds restricted to the actual exporter.
CESTAT dismissed the appeal, holding that the appellant was not the exporter entitled to refund under Notification No. 41/2012-ST. The Tribunal found the shipping bills and contractual documents showed title passed to the trading intermediary, who alone exported the consignments and realised export proceeds; the appellant merely supplied goods and was not the exporter for service-tax rebate purposes. Consequently refunds of service tax paid by the appellant were not allowable under the export-linked notification, and recovery proceedings against previously sanctioned refunds were sustainable. The appellant's invocation of merchant/third-party exporter concepts and EXIM benefits did not confer entitlement to refunds restricted to the actual exporter.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4830 
Join Channel 
