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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The dominant legal issue is whether the statutory pre-deposit under Section 129E is mandatory and if judicial relief can permit conditional compliance; the court affirmed the pre-deposit requirement is mandatory and CESTAT acquires jurisdiction only on compliance, but recognised that Article 226 relief may be exercised where financial hardship is pleaded to prevent appellate rights becoming illusory, and therefore permitted staged instalmental compliance; outcome: the appellant was allowed to deposit the directed sum in instalments, CESTAT to entertain the appeal on production of the initial instalment, and final adjudication to be pronounced only after full deposit, with the Single Judge's order set aside.
The dominant legal issue is whether the statutory pre-deposit under Section 129E is mandatory and if judicial relief can permit conditional compliance; the court affirmed the pre-deposit requirement is mandatory and CESTAT acquires jurisdiction only on compliance, but recognised that Article 226 relief may be exercised where financial hardship is pleaded to prevent appellate rights becoming illusory, and therefore permitted staged instalmental compliance; outcome: the appellant was allowed to deposit the directed sum in instalments, CESTAT to entertain the appeal on production of the initial instalment, and final adjudication to be pronounced only after full deposit, with the Single Judge's order set aside.
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