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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EODC certificates issued by DGFT are determinative of discharge of EPCG export obligations; Customs lacks jurisdiction to re-adjudge fulfilment absent prior DGFT cancellation. The Tribunal relied on prior CESTAT precedents to conclude that confirmation of demand and imposition of penalties by Customs cannot stand where no DGFT adjudication revoked the EODC. Consequently, demands and penalties confirmed by Customs in such circumstances were set aside, restoring the effect of the DGFT certificate as evidence of export obligation fulfillment unless and until DGFT itself cancels it.
EODC certificates issued by DGFT are determinative of discharge of EPCG export obligations; Customs lacks jurisdiction to re-adjudge fulfilment absent prior DGFT cancellation. The Tribunal relied on prior CESTAT precedents to conclude that confirmation of demand and imposition of penalties by Customs cannot stand where no DGFT adjudication revoked the EODC. Consequently, demands and penalties confirmed by Customs in such circumstances were set aside, restoring the effect of the DGFT certificate as evidence of export obligation fulfillment unless and until DGFT itself cancels it.
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