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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Debit of MEIS duty credit scrips was treated as valid discharge of past customs duty liability for Education Cess and Secondary & Higher Education Cess on imported goods. The Tribunal read clause 11 of CBIC Circular No. 02/2020-Cus as reflecting a broader principle that past payments made through duty credit scrips should not be disturbed and must be accepted as duty already collected. Relying on prior decisions, it held that such cess components formed part of customs duty and could not be recovered again in cash for past imports. In the absence of suppression, fraud, or misdeclaration, any further cash demand would amount to impermissible double recovery.
Debit of MEIS duty credit scrips was treated as valid discharge of past customs duty liability for Education Cess and Secondary & Higher Education Cess on imported goods. The Tribunal read clause 11 of CBIC Circular No. 02/2020-Cus as reflecting a broader principle that past payments made through duty credit scrips should not be disturbed and must be accepted as duty already collected. Relying on prior decisions, it held that such cess components formed part of customs duty and could not be recovered again in cash for past imports. In the absence of suppression, fraud, or misdeclaration, any further cash demand would amount to impermissible double recovery.
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