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 remanded the matter for recomputation of customs duty and refund. The Tribunal held that the adjudicating authority must calculate duty on the price actually realised as per the final commercial invoice and BRC, applying contractual quality/quantity parameters (including CIQ-determined moisture) only insofar as the contract and payment evidence require; a provisional bond does not compel acceptance of CRCL moisture determinations absent explicit bond terms. The Department is directed to recompute excess duty and sanction refund with interest under Section 18(4) of the Customs Act within two months upon receipt of requisite documents.
CESTAT allowed the appeal and remanded the matter for recomputation of customs duty and refund. The Tribunal held that the adjudicating authority must calculate duty on the price actually realised as per the final commercial invoice and BRC, applying contractual quality/quantity parameters (including CIQ-determined moisture) only insofar as the contract and payment evidence require; a provisional bond does not compel acceptance of CRCL moisture determinations absent explicit bond terms. The Department is directed to recompute excess duty and sanction refund with interest under Section 18(4) of the Customs Act within two months upon receipt of requisite documents.
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