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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The HC allowed the appeal in part, directing payment of compensatory interest at 6% p.a. on excess customs duty retained by the respondent during prolonged adjudication, and affirmed the Tribunal's jurisdiction to award such interest where authorities unreasonably delayed determination contrary to administrative instructions. The court held that procedural or technical objections cannot defeat substantive justice where statutory powers permit imposition of interest; delays spanning years warranted interest under the relevant provisions. The Notification fixing interest at 6% p.a. for Section 27A purposes was accepted. The tax appeal is disposed of with directions for refund/adjustment of the excess duty together with interest as awarded.
The HC allowed the appeal in part, directing payment of compensatory interest at 6% p.a. on excess customs duty retained by the respondent during prolonged adjudication, and affirmed the Tribunal's jurisdiction to award such interest where authorities unreasonably delayed determination contrary to administrative instructions. The court held that procedural or technical objections cannot defeat substantive justice where statutory powers permit imposition of interest; delays spanning years warranted interest under the relevant provisions. The Notification fixing interest at 6% p.a. for Section 27A purposes was accepted. The tax appeal is disposed of with directions for refund/adjustment of the excess duty together with interest as awarded.
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