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...
Validity of MEIS scrips is determined at the time they are used for import. Where the scrips were issued by DGFT and were valid on the date of import, the customs benefit cannot be denied merely because the scrips were later modified to reduce the duty credit rate. The Tribunal applied its earlier view that subsequent cancellation or modification does not affect imports already completed during the period of validity, and held that this principle applies equally to utilisation by the original holder or a transferee. The demand of duty, interest and penalty based on the later modification was therefore unsustainable.
Validity of MEIS scrips is determined at the time they are used for import. Where the scrips were issued by DGFT and were valid on the date of import, the customs benefit cannot be denied merely because the scrips were later modified to reduce the duty credit rate. The Tribunal applied its earlier view that subsequent cancellation or modification does not affect imports already completed during the period of validity, and held that this principle applies equally to utilisation by the original holder or a transferee. The demand of duty, interest and penalty based on the later modification was therefore unsustainable.
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