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 upheld recovery of drawback under Rules 16 and 16A of the Drawback Rules, 1995 read with s.75 of the Customs Act, 1962, holding that recovery (with interest) was sustainable where sale proceeds were not genuinely realised from the purported buyers and remittances could not be accepted as proceeds; the Tribunal found the DRI conducted independent enquiries and issued an SCN without undue delay and that no limitation is prescribed for such recovery. The Tribunal set aside the penalty imposed under s.114(i) and (iii). Consequentially the appeal is allowed in part: recovery with interest sustained; penalty under s.114 vacated.
CESTAT upheld recovery of drawback under Rules 16 and 16A of the Drawback Rules, 1995 read with s.75 of the Customs Act, 1962, holding that recovery (with interest) was sustainable where sale proceeds were not genuinely realised from the purported buyers and remittances could not be accepted as proceeds; the Tribunal found the DRI conducted independent enquiries and issued an SCN without undue delay and that no limitation is prescribed for such recovery. The Tribunal set aside the penalty imposed under s.114(i) and (iii). Consequentially the appeal is allowed in part: recovery with interest sustained; penalty under s.114 vacated.
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