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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Duty could not be demanded on alleged diversion of duty-free imported marble where a substantial quantity was found in the factory and the balance allegation rested on internet material and section 108 statements that were not proved admissible under section 138B. The Tribunal held that such material was insufficient to establish diversion or duty liability, and set aside the duty demand with interest. Penalty under section 114A also failed because the alleged default was only a post-import non-fulfilment of exemption conditions, not non-levy caused by collusion, wilful misstatement, or suppression. Penalties under section 114AA were likewise unsustainable because no false declaration in the import documents was shown.
Duty could not be demanded on alleged diversion of duty-free imported marble where a substantial quantity was found in the factory and the balance allegation rested on internet material and section 108 statements that were not proved admissible under section 138B. The Tribunal held that such material was insufficient to establish diversion or duty liability, and set aside the duty demand with interest. Penalty under section 114A also failed because the alleged default was only a post-import non-fulfilment of exemption conditions, not non-levy caused by collusion, wilful misstatement, or suppression. Penalties under section 114AA were likewise unsustainable because no false declaration in the import documents was shown.
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