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 dismissed the appeals and upheld allowance of refund claims where the appellants established reversal of excess IGST input tax credit prior to adjudication and produced a Chartered Accountant's certificate evidencing non-passing-on of the excess duty to customers. The Tribunal found no substantive dispute that the ITC was reversed and that the original adjudicating authority had taken that reversal into account. The CA certificate was held to satisfy the unjust-enrichment inquiry by demonstrating the burden of excess duty remained recoverable from customs and was not incorporated into prices or costs. Consequently, the appeals were found devoid of merit and were dismissed.
CESTAT dismissed the appeals and upheld allowance of refund claims where the appellants established reversal of excess IGST input tax credit prior to adjudication and produced a Chartered Accountant's certificate evidencing non-passing-on of the excess duty to customers. The Tribunal found no substantive dispute that the ITC was reversed and that the original adjudicating authority had taken that reversal into account. The CA certificate was held to satisfy the unjust-enrichment inquiry by demonstrating the burden of excess duty remained recoverable from customs and was not incorporated into prices or costs. Consequently, the appeals were found devoid of merit and were dismissed.
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