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 held that issuance of a Discharge Certificate under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 conclusively settles the entire liability of duty, interest and penalty, including redemption fine linked to confiscation for the same matter and period. Confiscation under Rule 25 of the Central Excise Rules and the corresponding option to redeem on payment of fine were treated as penalties in rem arising from the same investigation and thus covered by the Scheme. Consequently, upon grant of the Discharge Certificate, no further liability, including redemption fine, survived. The Commissioner (Appeals)' order dated 28.03.2024 was set aside and both appeals were allowed.
CESTAT held that issuance of a Discharge Certificate under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 conclusively settles the entire liability of duty, interest and penalty, including redemption fine linked to confiscation for the same matter and period. Confiscation under Rule 25 of the Central Excise Rules and the corresponding option to redeem on payment of fine were treated as penalties in rem arising from the same investigation and thus covered by the Scheme. Consequently, upon grant of the Discharge Certificate, no further liability, including redemption fine, survived. The Commissioner (Appeals)' order dated 28.03.2024 was set aside and both appeals were allowed.
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