Functional comparability under TNMM: broadcasters excluded, software distributors included, and no separate interest on receivables after working capi...
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The Settlement Act is a self-contained code prescribing conditions, methodology and consequences of settlement and does not permit designated authorities to import MVAT Section 50 adjustment powers when determining settlement dues; refunds are not treated as payments in respect of statutory orders and arrears are computed year-wise, so adjusting a 2007-08 refund against a 2008-09 settlement is barred and defeats the scheme. Further, the designated authority must afford a reasonable opportunity to be heard as required by Section 13 provisions and principles of natural justice; the impugned adjustment order was set aside and the refund awarded with interest while the 2008-09 settlement proceeds without that adjustment.
The Settlement Act is a self-contained code prescribing conditions, methodology and consequences of settlement and does not permit designated authorities to import MVAT Section 50 adjustment powers when determining settlement dues; refunds are not treated as payments in respect of statutory orders and arrears are computed year-wise, so adjusting a 2007-08 refund against a 2008-09 settlement is barred and defeats the scheme. Further, the designated authority must afford a reasonable opportunity to be heard as required by Section 13 provisions and principles of natural justice; the impugned adjustment order was set aside and the refund awarded with interest while the 2008-09 settlement proceeds without that adjustment.
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